Preproposal statement of inquiry was filed as WSR 02-04-037.
Title of Rule: New chapter 478-118 WAC, Parking and traffic rules of the University of Washington, Tacoma, and amendment to WAC 478-108-010 Matters subject to brief adjudication.
Purpose: To provide traffic, parking and pedestrian rules for the University of Washington, Tacoma campus as new chapter 478-118 WAC. Additionally, the University of Washington seeks to amend WAC 478-108-010, the university's list of matters subject to brief adjudication, by adding the appeals process for parking and traffic violations outlined in the new chapter 478-118 WAC.
Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130 for chapter 478-118 WAC; chapter 34.05 RCW for WAC 478-108-010.
Statute Being Implemented: RCW 28B.10.560 and 28B.20.130 for chapter 478-118 WAC; chapter 34.05 RCW for WAC 478-108-010.
Summary: Separate parking and traffic rules are needed for the University of Washington, Tacoma (UWT) campus for the safety and general welfare of the UWT students, faculty, staff and guests. Existing parking and traffic rules for the UW Seattle campus (chapter 478-116 WAC) do not apply to the UWT campus location.
Reasons Supporting Proposal: The UWT will soon open its first owned and operated parking lot. These rules are needed (1) to provide the highest level of parking, traffic and pedestrian safety for students, faculty, staff and guests of the UWT campus, and (2) to prevent illegal access to or use of state property.
Name of Agency Personnel Responsible for Drafting and Enforcement: Sandy Boyle, Vice Chancellor for Finance and Administration, UW Tacoma, GWP 308, 1900 Commerce Street, Tacoma, WA, (253) 692-5668; and Implementation: Vicky Carwein, Chancellor, UW Tacoma, GWP 312, 1900 Commerce Street, Tacoma, WA, (253) 692-5646.
Name of Proponent: University of Washington, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: With the opening of the first University of Washington, Tacoma (UWT) owned and operated parking lot, parking, traffic and pedestrian rules are needed to provide for the safety and general welfare of UWT students, faculty, staff, and guests.
Proposal Changes the Following Existing Rules: WAC 478-108-010 would be amended to incorporate the appeals from traffic and parking violations in chapter 478-118 WAC to the University of Washington's list of matters subject to brief adjudication.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-118 WAC does not impose a disproportionate impact on small businesses.
RCW 34.05.328 does not apply to this rule adoption. Chapter 478-118 WAC is not considered a significant legislative rule by the University of Washington.
Hearing Location: Room SCI309, Science Building, University of Washington, Tacoma, in Tacoma, Washington, on May 24, 2002, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact UW Disability Services Office by June 5, 2002, TDD (206) 543-6452, or (206) 543-6450.
Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Administrative Procedures Office via one of the following routes: United States mail: University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203; Campus mail: Box 355509; e-mail email@example.com; or fax (206) 616-6294, by May 24, 2002.
Date of Intended Adoption: June 14, 2002.
March 29, 2002
Rebecca Goodwin Deardorff, Director
Administrative Procedures Office
AMENDATORY SECTION(Amending WSR 90-15-005, filed 7/6/90, effective 8/6/90)
WAC 478-108-010 Matters subject to brief adjudication. This rule is adopted in accordance with RCW 34.05.479 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:
(1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;
(2) Appeals from traffic and parking violations as provided for in chapters 478-116, 478-117 and 478-118 WAC;
(3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;
(4) Proceedings under the animal control policy as detailed in chapter 478-124 WAC;
(5) Requests for reconsideration of admission decisions as provided for in chapter 478-160 WAC;
(6) Appeals of library charges as provided in chapter 478-168 WAC;
(7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;
(8) Federal financial aid appeals as provided for by federal law;
(9) Collection of outstanding debts owed by students or employees; and
(10) Appeals from areas exempt from the rules requirements of chapter 34.05 RCW including standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships (except for all aspects of faculty and librarian employment relationships), and fiscal processes.
[Statutory Authority: Chapter 34.05 RCW. 90-15-005, § 478-108-010, filed 7/6/90, effective 8/6/90.]
PARKING AND TRAFFIC RULES OF THE UNIVERSITY OF WASHINGTON, TACOMA
(1) To protect and control pedestrian and vehicular traffic on the campus of the University of Washington, Tacoma;
(2) To assure access at all times for emergency equipment;
(3) To minimize traffic disturbances;
(4) To facilitate the operation of the university by assuring access to vehicles;
(5) To allocate limited parking space for the most efficient use; and
(6) To protect state property.
(1) Campus: The campus of University of Washington, Tacoma.
(2) Employee: An employee of the university.
(3) Public safety officers: Employees of the university who are responsible for campus security, safety, and parking and traffic control.
(4) Student: A person enrolled in the university.
(5) University: The University of Washington, Tacoma, and collectively those responsible for its control and operations.
(6) Vehicle: An automobile, truck, motorcycle, motorized scooter, or bicycle.
(7) Visitor: A person who is neither an employee nor a student of the university.
(1) The motor vehicle and other traffic laws of the state of Washington, Title 46 RCW;
(2) The traffic code of the city of Tacoma; and
(3) The parking and traffic rules in this chapter. If the Washington laws or the Tacoma traffic code conflicts with these rules, the Washington laws or the Tacoma traffic code shall govern.
(1) A valid permit is:
(a) A current vehicle permit displayed in accordance with WAC 478-118-110. Vehicle permits are valid until revoked;
(b) A temporary permit authorized by the university and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit;
(c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions; or
(d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.
(2) Parking permits are not transferable, except as provided in WAC 478-118-060 and 478-118-080.
(3) The university reserves the right to refuse to issue parking permits.
(4) This section does not apply to vehicles that the university owns or operates.
(5) The university may allow persons without permits to drive through the campus without parking.
(6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.
(2) The university provides parking for the disabled in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit.
(a) When the purpose for which the permit was issued changes or no longer exists;
(b) When an unauthorized individual uses a permit;
(c) Falsification on a parking permit application;
(d) Multiple or continued violations of parking rules;
(e) Counterfeiting or altering permits; or
(f) Failure to comply with a final decision of the citation review committee, or university hearing officer.
(2) Parking permit revocations under this chapter may be appealed pursuant to the procedures in WAC 478-118-420.
(2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.
(2) When applicable, the area designator (numeral, letter, or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.
(3) Motorcycle and scooter permits shall be registered with the university.
(4) Permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed.
During special occasions causing additional or heavy traffic and during emergencies, the university may impose additional traffic and parking policies to achieve the specified objectives of this chapter.
(2) No vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not excuse a violation of this section.
(1) Stopping the engine, locking the ignition, and removing the key; and
(2) Effectively setting the brake and transmission to prevent movement of the vehicle.
(2) No person without authorization from the university shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.
(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass that vehicle.
(3) Where a sidewalk is provided, pedestrians shall proceed upon the sidewalk.
(2) Motorcycles and motorized scooters may be parked in designated areas in addition to the regular parking lots.
(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.
(4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.
(5) No bicycles or foot-propelled devices shall be operated in campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including, but not limited to, skateboards, roller skates, and roller blades.
(2) All fines must be paid as designated on the citation within twenty calendar days from the date of the citation. Fines must be delivered in person to the university's finance office or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the university shall impose an additional fine of ten dollars per offense and may:
(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid;
(b) Delay registration for the following quarter;
(c) Impound the violator's vehicle;
(d) Deny future parking privileges to the violator; or
(e) Refuse to issue keys to a violator who is an employee or student.
(3) In addition to imposing fines, public safety officers may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release. Grounds for impounding vehicles shall include, but not be limited to, the following:
(a) Blocking a roadway so as to impede the flow of traffic;
(b) Blocking a walkway so as to impede the flow of pedestrian traffic;
(c) Blocking a fire hydrant or fire lane;
(d) Creating a safety hazard;
(e) Blocking another legally parked vehicle;
(f) Parking in a marked "tow-away" zone;
(g) Leaving a vehicle unattended on campus for longer than two days;
(h) Failing to pay a fine imposed under this chapter; or
(i) Parking a nonuniversity vehicle in a spot reserved for university use.
Not more than twenty-four hours after impoundment of any vehicle, the university shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. The university shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.
(4) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the university.
(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.
(3) A person wishing to contest the written decision may request a review by contacting the university in writing within twenty-one days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten days after service of the decision.
(4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten days of service of the final decision, file a written notice with the university. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.