256.10 Materials Codified into the Washington Administrative Code for Seattle Colleges

Materials codified into the Washington Administrative Code for Seattle College District shall be developed in accordance with District Policy 128 and applicable state rulemaking requirements under RCW 34.05. Such materials are derived from categories of “rules” as defined in the Revised Code of Washington (RCW).

For purposes of this procedure, a “rule” generally means any agency order, directive, or regulation of general applicability that:

  • Subjects a person to a penalty or administrative sanction if violated;
  • Establishes, alters, or revokes procedures, practices, or requirements relating to agency hearings; or
  • Establishes, alters, or revokes qualifications or requirements relating to the enjoyment of benefits or privileges conferred by law

“Rule” does not include:

  • Statements concerning only the internal management of an agency that do not affect private rights or procedures available to the public;
  • Declaratory rulings issued pursuant to RCW 34.05.240; or
  • Rules of institutions of higher education relating to standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.

See RCW 34.05.010(16) (definitions).

256.20 Procedure for Adoption of Rules (Washington Administrative Code) for Seattle College District

  • 256.20.1 Materials proposed for codification in the Washington Administrative Code (WAC) shall be forwarded through appropriate administrative channels to the Director of Compliance.
  • 256.20.2 If materials are submitted to a President’s or Vice Chancellor’s Office, that office is responsible for forwarding the materials to the Director of Compliance.
  • 256.20.3 The Director of Compliance will coordinate review with the Washington State Assistant Attorney General’s Office (AAG) to determine:
    • Whether the proposed materials meet the definition of a “rule” requiring codification; and
    • Whether the proposed language is appropriate for inclusion in the WAC.
  • 256.20.4 Materials recommended by the AAG for codification will be presented to:
    • Chancellor’s Cabinet for review and approval to proceed;
    • The Board of Trustees, as appropriate, in accordance with Policy 128; and
    • Student Services, for presentation to student leadership when proposed rules directly impact student conduct or student rights.
  • 256.20.5 Following Cabinet review and approval to proceed, the Director of Compliance will initiate formal rulemaking procedures in accordance with District Policy 128 and applicable state rulemaking requirements, including CR filings as outlined in the attached procedure.
  • 256.20.6 The Director of Compliance shall provide notice of proposed rulemaking and conduct a public hearing in accordance with RCW 34.05. Interested persons must be afforded a reasonable opportunity to submit oral and written comments, which will be reviewed and considered prior to final adoption.

256.30

The Director of Compliance shall maintain a current register of all codified Seattle College District Washington Administrative Codes. This register will be available for public inspection in accordance with District Policy 254 , Access to Public Records.

256.40 Purpose

This procedure establishes the process for developing, reviewing, and codifying rules into the Washington Administrative Code (WAC) for Seattle Colleges in compliance with applicable law and District policy.

  • 256.40.1 Identification of Rulemaking Need

    A proposed WAC rule may be initiated when:

    • A change in federal or state law requires codification;
    • A District policy or procedure creates requirements affecting the rights or responsibilities of the public, students, or employees;
    • Existing WAC provisions require revision, clarification, or repeal; or
    • A regulatory gap is identified that requires formal rulemaking.

    Proposals may originate from District leadership, College leadership, or administrative units and shall be submitted to the Director of Compliance.

  • 256.40.2 Preliminary Review and Determination

    The Director of Compliance will:

    • Determine whether the proposal meets the definition of a “rule” under RCW 34.05;
    • Coordinate with the Washington State Assistant Attorney General’s Office (AAG) to determine whether WAC codification is required and, if so, ensure the proposed language is reviewed and vetted by the AAG before proceeding with formal rulemaking; and
    • Identify whether the proposal involves adoption, amendment, or repeal.

    If codification is not required, the proposal will be redirected through the appropriate policy or procedure process.

  • 256.40.3 Internal Review and Approval to Proceed

    Proposed WAC language will be presented for internal review prior to initiating formal rulemaking:

    • Chancellor’s Cabinet for review and approval to proceed;
    • Shared governance groups or student leadership when the rule directly impacts those communities. Feedback will be considered and addressed before Board consideration.
    • Board of Trustees, as appropriate, in accordance with District Policy 128; and

  • 256.40.4 Formal Rulemaking (CR Filing Process)

    Upon approval to proceed, the District will initiate formal rulemaking in accordance with applicable law and RCW 34.05, including:

    • CR-101 (Preproposal Statement of Inquiry): Filed to notify the public that rulemaking is under consideration;
    • CR-102 (Proposed Rule): Filed with proposed rule language and notice of public hearing;
    • CR-103 (Rule-Making Order): Filed to adopt the final rule following consideration of public comments;
    • CR-103E (Emergency Rule):

    In limited circumstances, the District may adopt an emergency rule without prior notice or hearing when immediate adoption is necessary for the preservation of public health, safety, or general welfare, or to comply with state or federal law or deadlines.

    Emergency rules:

    • Take effect immediately upon filing;
    • Remain in effect for no more than 120 days unless otherwise permitted by law; and
    • May be followed by the standard rulemaking process if permanent adoption is required.

    The Director of Compliance, will coordinate all filings with the Washington State Code Reviser. If the Office of the Code Reviser modifies filing procedures, forms, or rulemaking requirements, the District will follow the most current process established by the Code Reviser and applicable law.

  • 256.40.5 Public Notice and Hearing

    The District shall:

    • Provide public notice of proposed rulemaking;
    • Conduct at least one public hearing to receive oral and written comments; and
    • Ensure all timely comments are reviewed and considered prior to final adoption.

  • 256.40.6 Final Adoption and Codification

    Following the public hearing and comment period:

    • Final rule language will be reviewed with the AAG as needed;
    • The CR-103 filing will be completed to formally adopt the rule; and
    • The rule will be codified into the Washington Administrative Code and assigned a WAC citation.

  • 256.40.7 Post-Adoption Implementation

    Following codification:

    • The Director of Compliance will update the District’s WAC register;
    • Impacted departments will be notified of the new or revised rule;
    • Internal policies, procedures, and training materials will be updated as needed; and
    • The rule will be made available to the public in accordance with District Policy 254.

Companion Document : Pol
Adoption Date : 1981/04/05
Revision Date : 2020/01/09