Title of Rule and Other Identifying Information: Title 14 WAC, Committee on Advanced Tuition Payment.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Title 14 WAC, Committee on Advanced Tuition Payment, was established to provide operating procedures for the Committee on Advanced Tuition Payment consistent with chapter 42.32 [42.30] RCW, Open public meetings; chapter 42.17 RCW, Public records; chapter 35.05 [34.05] RCW, Administrative Procedure Act; and chapter 43.120 RCW, State environmental policy. The proposed changes amend the program office location, the committee structure and members, and references to chapter 42.17 RCW, Public Records Act, which was recodified during 2005.

     Summary: To amend rules for the Committee on Advanced Tuition Payment including: Committee meeting frequency and location, number of committee members, program office details and location, and references to chapter 42.17 RCW, Public records, which was recodified. The proposed rules amend the sections listed below.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules amend WAC 14-104-010 Time and place of committee meetings, 14-104-030 Delegation to director, 14-108-040 Application for adjudicative proceeding, 14-122-010 Policy, 14-133-020 Organization--Operation--Information, 14-276-010 Purpose, 14-276-020 Definitions, 14-276-030 Description of central and field organization for the committee on advanced college tuition payment, 14-276-050 Public records available, 14-276-060 Public records officer, 14-276-070 Office hours, 14-276-080 Requests for public records, 14-276-100 Determination regarding exempt records, 14-276-110 Review of denials of public records requests, and 14-276-120 Protection of public records.

     Reasons Supporting Proposal: In 1998, the committee developed and approved the rules for the program. The program rules have not been updated since inception. During this time, the program office location has changed, the committee members and structure have changed and sections of Title 14 WAC referencing chapter 42.17 RCW, Public Records Act, were recodified during 2005.

     Statutory Authority for Adoption: RCW 28B.95.030 (9)(e).

     Statute Being Implemented: Not applicable.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Higher Education Coordinating Board, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Heidi Jones, 919 Lakeridge Way S.W., Olympia, WA 98502, (360) 753-7836; and Enforcement: Betty Lochner, 919 Lakeridge Way S.W., Olympia, WA 98502, (360) 753-7871.

September 13, 2005

Heidi J. Jones

Process Analyst

and Rules Manager

OTS-8345.1

AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-104-010   Time and place of committee meetings.   The committee shall hold regular ((semiannual)) meetings at such time as it may fix. The annual meeting schedule shall be published in the Washington State Register. Special meetings may be requested by the chair of the committee or by a majority of the members of the committee and announced in accordance with law.

     All regular and special meetings of the committee shall be held at the ((Capitol Campus)) state investment board, Olympia, Washington, unless scheduled elsewhere, and are open to the general public, except for lawful executive sessions.

     No official business may be conducted by the committee except during a regular or special meeting.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-104-010, filed 11/5/98, effective 12/6/98.]

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-104-030, filed 11/5/98, effective 12/6/98.]

OTS-8346.1

AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-108-040   Application for adjudicative proceeding.   An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: ((1603 Cooper Point Road)) 919 Lakeridge Way S.W., Olympia, Washington ((98504-3450)) 98502.

     Written application for an adjudicative proceeding should be submitted to the above address within twenty calendar days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-108-040, filed 11/5/98, effective 12/6/98.]

OTS-8347.1

AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-122-010   Policy.   If any purchaser of an account as defined in RCW 28B.95.020(8), or any other person, is indebted to the program for an outstanding overdue debt, the committee need not provide any further services of any kind to such individual, including, but not limited to, transmitting files, records, vouchers, or other services which have been requested by such person.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-122-010, filed 11/5/98, effective 12/6/98.]

OTS-8348.1

AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-133-020   Organization -- Operation -- Information.   (1) Organization. The advanced college tuition payment program is established in Title 28B.95 RCW. The program is governed by the committee on advanced tuition payment, also known as the guaranteed education tuition (GET) committee, composed of the executive director of the higher education coordinating board, the director of the office of financial management, ((and)) the state treasurer, or their designees, and two citizen members. The committee employs a director, who administers the program.

     (2) Operation. The administrative office is located at the following address:

     ((1603 Cooper Point Road NE))

     919 Lakeridge Way S.W.

     Olympia, Washington ((98504-3450)) 98502

     The office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

     (3) Information. Information concerning the advanced college tuition payment program and contracts for the purchase of tuition units may be obtained at the following address:

     ((1603 Cooper Point Road))

     919 Lakeridge Way S.W.

     Olympia, Washington 98502

     (4) The staff of the higher education coordinating board shall support the committee.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-133-020, filed 11/5/98, effective 12/6/98.]

OTS-8349.1

AMENDATORY SECTION(Amending WSR 98-23-009, filed 11/5/98, effective 12/6/98)

WAC 14-276-010   Purpose.   The purpose of this chapter is to ensure that the advanced college tuition payment program complies with the provisions of chapter ((42.17)) 42.56 RCW and in particular with those sections of that chapter dealing with public records.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-010, filed 11/5/98, effective 12/6/98.]

     (2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents.

     (3) The "committee on advanced college tuition payment" is an agency organized by statute pursuant to chapter 28B.95 RCW. The committee on advanced college tuition payment, also known as the guaranteed education tuition (GET) committee, shall hereafter be referred to as the "committee." Where appropriate, the term "committee" also refers to the staff and employees of the committee.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-020, filed 11/5/98, effective 12/6/98.]

     (2) The program is operated under the supervision and control of the committee. The committee consists of the executive director of the higher education coordinating board, the director of the office of financial management, ((and)) the state treasurer, or their designees and two citizen members. The committee ((normally)) meets ((semiannually)), as provided in WAC 14-104-010. The committee employs a director and an administrative staff. The committee takes such actions and promulgates such rules and policies as are necessary to the administration and operation of the program.

     (3) The director is responsible to the committee for the operation and administration of the program.

     (4) The staff of the higher education coordinating board shall support the committee and the board shall carry out administrative responsibilities otherwise not assigned to the committee.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-030, filed 11/5/98, effective 12/6/98.]

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-050, filed 11/5/98, effective 12/6/98.]

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-060, filed 11/5/98, effective 12/6/98.]

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-070, filed 11/5/98, effective 12/6/98.]

     (1) A request shall be made in writing upon a form prescribed by the committee which shall be available at the committee's administrative office. The form shall be presented to the public records officer or, if the public records officer is not available, to any member of the committee's staff at the committee administrative office during customary office hours. The request shall include the following information:

     (a) The name of the person requesting the record;

     (b) The time of day and calendar date on which the request was made;

     (c) The nature of the request;

     (d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;

     (e) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested.

     (2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-080, filed 11/5/98, effective 12/6/98.]

     (2) Pursuant to RCW ((42.17.260)) 42.56.070, the committee reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, That in each case, the justification for the deletion shall be explained fully in writing.

     (3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the person requesting the public record is notified within two business days as to whether his request for a public record will be honored.

     (4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-100, filed 11/5/98, effective 12/6/98.]

     (2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the chair of the committee or designee.

     (3) Within five business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the chair of the committee or designee, shall complete such review.

     (4) During the course of the review the chair or designee shall consider the obligations of the committee to comply with the intent of chapter ((42.17)) 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW ((42.17.310)) 42.56.210 or other pertinent statutes, and the provisions of the statute which require the committee to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-110, filed 11/5/98, effective 12/6/98.]

[Statutory Authority: RCW 28B.95.030 (9)(e). 98-23-009, § 14-276-120, filed 11/5/98, effective 12/6/98.]

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