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Chapter 253-02 WAC

Last Update: 6/15/10


WAC Sections

HTMLPDF253-02-020Rules of interpretation.
HTMLPDF253-02-040Description of organization.
HTMLPDF253-02-050Operations and procedures.



The purpose of this chapter shall be to ensure compliance by the Washington higher education facilities authority with the provisions of chapter 42.17 RCW (Initiative 276), and chapter 34.05 RCW.
[Statutory Authority: RCW 28B.07.040(1). WSR 10-13-080, § 253-02-010, filed 6/15/10, effective 7/16/10. Statutory Authority: RCW 28B.07.040. WSR 84-24-012 (Order 3), § 253-02-010, filed 11/27/84.]


Rules of interpretation.

(1) All adjectives and adverbs, including but not limited to the words "adequate," "approved," "qualified," "reasonable," "reputable," "satisfactory," "sufficiently," and "suitable," as used in this title to qualify a person, procedure, process or otherwise shall be as determined by the authority or its designee.
(2) Where the word "shall" is used in this title, the subject rule or action to which the word relates is mandatory.
(3) Where the word "should" is used in this title, it indicates suggestion or recommendation but not a requirement.
(4) Where the word "may" is used in this title, the action or rule to which the word relates is permissive or discretionary.
(5) Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may be applied to the singular; and words importing the masculine gender or relating to a man may also be extended to the feminine gender and be considered to relate equally to a woman.
[Statutory Authority: RCW 28B.07.040. WSR 84-24-012 (Order 3), § 253-02-020, filed 11/27/84.]



(1) "Act" means chapter 169, Laws of 1983, and chapter 28B.07 RCW.
(2) "Washington higher education facilities authority" and "authority" each mean the corporate and politic public body created by the act and also refer to the staff and employees of the authority.
The terms defined in the act shall have the same meaning when used in this title.
[Statutory Authority: RCW 28B.07.040. WSR 84-24-012 (Order 3), § 253-02-030, filed 11/27/84.]


Description of organization.

(1) The authority is a public entity established under the provisions of chapter 28B.07 RCW, which exercises essential governmental functions.
(2) Members. The authority shall consist of seven members as follows: The governor, lieutenant governor, executive coordinator of the state council for postsecondary education, and four public members, one of whom shall be the president of a higher education institution at the time of appointment. The public members shall be residents of the state and appointed by the governor, subject to confirmation by the senate, on the basis of their interest or expertise in the provision of higher education and the financing of higher education. The public members of the authority shall serve for terms of four years. The initial terms of the public members shall be staggered in a manner determined by the governor. In the event of a vacancy on the authority due to death, resignation, or removal of one of the public members, and upon the expiration of the term of any public member, the governor shall appoint a successor for a term expiring on the fourth anniversary of the successor's date of the appointment. If any of the state offices are abolished, the resulting vacancy on the authority shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office. Any public member of the authority may be removed by the governor for misfeasance, malfeasance, wilful neglect of duty, or any other cause after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing.
(3) Officers. The governor shall serve as chairperson of the authority. The authority shall elect annually one of its members as secretary. If the governor shall be absent from a meeting of the authority, the secretary shall preside. However, the governor may designate an employee of the governor's office to act on the governor's behalf in all other respects during the absence of the governor at any meeting of the authority. If the designation is in writing and is presented to the person presiding at the meetings of the authority who is included in the designation, the vote of the designee has the same effect as if cast by the governor.
(4) Authority staff: The staff of the authority shall consist of an executive director and such other employees as are determined by the authority as necessary to fulfill its responsibilities and duties. The executive director shall be the chief administrative officer of the authority and subject to its direction. All other staff shall be under his or her supervision and direction. The executive director shall keep a record of the proceedings of the authority and, when required by the authority, shall sign notes, contracts and other instruments. The executive director shall have custody of and be responsible for all moneys and securities of the authority and shall deposit all such moneys forthwith in such banks as the authority may designate from time to time.
(5) Administrative office: The administrative office of the authority shall be located at 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046, telephone: (206) 464-7139, which office shall be open each day for the transaction of business from 8:30 a.m. to 5:00 p.m. (Saturdays, Sundays and legal holidays excepted, and except for business relating to public records, which is governed by WAC 253-12-050).
(6) Address for communications: All communications with the authority, including but not limited to the submission of materials pertaining to its operations and these rules, requests for copies of the authority's decisions and other matters, shall be addressed as follows: Washington Higher Education Facilities Authority, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046.
[Statutory Authority: Chapter 28B.07 RCW. WSR 95-01-007, § 253-02-040, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28B.07.040. WSR 84-24-012 (Order 3), § 253-02-040, filed 11/27/84.]


Operations and procedures.

(1) Uniform procedure rules: Practice and procedure in and before the authority are governed by the uniform procedural rules codified in the Washington Administrative Code, WAC 1-08-005 through 1-08-590, as now or hereafter amended, which rules the authority adopts as its own, subject to any additional rules the authority may add from time to time. The authority reserves the right to make whatever determination is fair and equitable should any question not covered by its rules come before the authority, said determination to be in accordance with the spirit and intent of the law.
(2) Authority meetings: The meetings of the authority shall all be "regular" or "special meetings" as those designations are applied in chapter 42.30 RCW. They may be called at any time and place by the chairman or a majority of the members of the authority. Notice of all special meetings shall be given by delivering personally, or by mail, fax or electronic mail, to each member a written notice specifying the time and place of the meeting and a copy of the agenda prepared by the executive director in consultation with the chairman, and by giving such notice to the public as may be required by law. If an emergency is deemed to exist, the chairman may shorten the notice period to not less than twenty-four hours. An executive session may be called by the chairman or by a majority of all members of the authority to consider the appointment, employment or dismissal of an officer or employee, and such other matters as are permitted by RCW 42.30.110.
(3) Quorum: Four members shall constitute a quorum, and the act of a majority of the members present at any meeting, if there is a quorum, shall be deemed the act of the authority except as specified hereafter in subsection (7) of this section. Members participating in a meeting through the use of any means of communication by which all members participating can hear each other during the meeting shall be deemed to be present in person at the meeting for all purposes.
(4) Chairperson's or secretary's voting rights: The chairperson or the chairperson's designee and the secretary shall have the right to vote on all matters before the authority, just as any other authority member.
(5) Minutes of meetings: Minutes shall be kept of the proceedings of the authority.
(6) Rules of order: The authority shall generally follow Robert's Rules of Order, newly revised, in conducting its business meetings.
(7) Form of authority action: The authority may act on the basis of a motion except when authorizing issuance of bonds pursuant to WAC 253-16-070 and when otherwise taking official and formal action with respect to the creation of special funds and the issuance and sale of bonds for a project of a participant, in which case the authority shall act by resolution. Such resolutions shall be adopted upon the affirmative vote of four or more members of the authority and shall be signed by a majority of the members of the authority. Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at any meeting. All bonds and coupons shall bear either the manual or the facsimile signatures of the governor and executive director.
(8) Public participation. The presiding officer may grant permission to any person or organization to make a presentation at any of the authority's public meetings. The presiding officer may limit any remarks addressed to the authority.
[Statutory Authority: RCW 28B.07.040(1). WSR 10-13-080, § 253-02-050, filed 6/15/10, effective 7/16/10. Statutory Authority: RCW 28B.07.040. WSR 95-19-025, § 253-02-050, filed 9/11/95, effective 10/12/95; WSR 84-24-012 (Order 3), § 253-02-050, filed 11/27/84.]