PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-17-081.
Title of Rule and Other Identifying Information: Amending chapter 172-139 WAC to clarify standards relative to the conduct of commercial activities, by external organizations or persons, on property owned or controlled by Eastern Washington University.
Hearing Location(s): Eastern Washington University, Main Campus, Tawanka Commons, Room 215, Cheney, Washington 99004, on January 29, 2010, at 3:00 p.m.
Date of Intended Adoption: January 29, 2010.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail tlutey@ewu.edu, fax (509) 359-7036, by January 28, 2010.
Assistance for Persons with Disabilities: Contact Trent Lutey by January 28, 2010, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal clarifies chapter 172-139 WAC by adding a purpose statement and updating language to reflect current organizational structure and practices.
Reasons Supporting Proposal: These changes are necessary to reflect current organizational titles and business practices, and to clarify the scope of the rule.
Statutory Authority for Adoption: RCW 28B.35.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Eastern Washington University, governmental.
Name of Agency Personnel Responsible for Drafting: Laurie Connelly, 214 Showalter Hall, Cheney, WA 99004, (509) 359-2371; Implementation and Enforcement: Mary Voves, 307 Showalter Hall, Cheney, WA 99004, (509) 359-4210.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Revisions to chapter 172-139 WAC do not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-139 WAC is not considered a significant legislative rule by Eastern Washington University.
December 22, 2009
Trent Lutey
University Policy Administrator
Commercial activities
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[Statutory Authority: RCW 28B.35.120. 92-21-043, § 172-139-010, filed 10/16/92, effective 11/16/92.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92,
effective 11/16/92)]WAC 172-139-020
Commercial activities in the Pence Union
Building.
Exceptions to WAC 172-139-010 are granted for the
Pence Union Building (PUB) subject to the following
provisions:
(1)((: Provided, That)) Any commercial the activity
conducted under this section shall ((does)) not duplicate
services provided by the university.
(2) Vendors, organizations, or individuals must obtain
((and prior)) approval ((is obtained)) from the director of
the student union building prior to conducting any commercial
activity ((auxiliary services)).
(3) The University shall charge ((V))vendors ((are
assessed charges)) for use of ((the)) PUB facilities.
[Statutory Authority: RCW 28B.35.120. 92-21-043, § 172-139-020, filed 10/16/92, effective 11/16/92.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92,
effective 11/16/92)]WAC 172-139-030
Handbills.
(1) No person shall place in
or on any vehicle parked on the university campus, any
handbill, except as provided in subsection (3)(((2)(c))) of
this section.
(2) For the purposes of this chapter, the following definition applies: A "handbill" is any printed or written matter, sample, or device which:
(a) Advertises for sale any merchandise, product, service, or commodity; or
(b) Directs attention, either directly or indirectly, to any business or mercantile or commercial establishment, or other activity, for the purpose of promoting an interest in sales or use; or
(c) Directs attention to or advertises any meeting,
theatrical performance, exhibition, or event of any kind, for
which an admission fee is charged for the purpose of private
gain or profit.((: Provided, That t))
(3) The terms of this ((clause)) section shall not apply
to a university-sponsored activity for which the handbills
have been approved for such distribution by the ((director of
student)) Associate Vice President for ((a))Auxiliary and
Business ((s))Services ((in the Pence Union Building)).
[Statutory Authority: RCW 28B.35.120. 92-21-043, § 172-139-030, filed 10/16/92, effective 11/16/92.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION [(Amending WSR 92-21-043, filed 10/16/92,
effective 11/16/92)]WAC 172-139-040
Penalties for violations of commercial
activities regulations.
(1) Any violation of this chapter by
a student of Eastern Washington University is a violation of
the student conduct code, WAC 172-121-200((0-040)).
(2) Nonstudents violating this chapter may be referred to civil authorities for appropriate prosecutions, including violations of the laws of criminal trespass and/or litter control.
[Statutory Authority: RCW 28B.35.120. 92-21-043, § 172-139-040, filed 10/16/92, effective 11/16/92.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.