WSR 05-08-064

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed March 31, 2005, 8:59 a.m. , effective May1, 2005 ]


Purpose: Make housekeeping amendments to various Title 478 WAC, University of Washington rules. Amendments include an office name change and reporting unit name change as well as several small wording revisions that clarify and make language consistent in the rules without changing their effect.

Citation of Existing Rules Affected by this Order: Amending WAC 478-04-030, 478-116-145, 478-116-161, 478-116-311, 478-116-431, 478-250-050, and 478-250-060.

Statutory Authority for Adoption: RCW 28B.20.130 for all sections; additionally: For WAC 478-04-030 is RCW 34.05.330; for WAC 478-116-145, 478-116-161, 478-116-311, and 478-116-431 is RCW 28B.10.560; and for WAC 478-250-050 and 478-250-060 is chapter 34.05 RCW, RCW 42.17.260 and 42.17.290.

Adopted under notice filed as WSR 05-02-025 on December 29, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 0.

Date Adopted: March 28, 2005.

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-7726.1


AMENDATORY SECTION(Amending WSR 03-24-046, filed 11/26/03, effective 12/27/03)

WAC 478-04-030   Meetings of the board of regents.   (1) Regular meetings. Regular meetings of the board shall be held pursuant to a schedule established yearly by resolution of the board. Meetings of the board will be held in the Walker-Ames Room of Kane Hall on the campus in Seattle, Washington, or at such other place as the board may direct from time to time. The president of the board, with the concurrence of a majority of the members of the board, may cancel any regular meeting. All such regular meetings will be conducted in conformance with the laws of the state of Washington governing such meetings.

The board shall give no less than twenty-four hours notice of cancellation of a regular meeting.

(2) Special meeting. The president of the university, the president of the board, or any six members of the board may call a special meeting at any time. Not less than twenty-four hours before any special meeting, the secretary shall have notified each member of the board by written notice of the time, place, and the business to be transacted at the meeting. Such notice shall be distributed and posted in accordance with the laws of the state governing such meetings. The presence of a regent at the meeting or the regent's written waiver of notice filed with the secretary shall constitute a waiver of receiving written notice of the meeting. When the meeting is called to deal with an emergency involving injury or damage, or the likelihood of injury or damage, to persons or property, and the time requirements for notice provided for above would be impractical and increase the likelihood of such injury or damage, such required notice may be dispensed with and the secretary shall notify each member of the board by the best means possible under the circumstances.

(3) Notice of agenda for regular meeting. Not less than four days before any regular meeting, the secretary shall mail to each member of the board a reminder of the regular meeting and a preliminary agenda setting forth the matters which are to be considered at the meeting.

(4) Addenda to the agenda at regular or special meetings. Addenda to the agenda of either a regular or a special meeting may be permitted at the commencement of or during such meeting, except that final disposition shall not be taken on addenda to the agenda of a special meeting unless notice as required by applicable law has been given.

(5) Quorum. A majority of the entire board shall be necessary to constitute a quorum at all regular meetings and special meetings.

(6) Order of business. The following shall be the order of business at each regular meeting of the board:

Report of the president of the board;

Report of the president of the university;

Consent agenda (including approval of minutes);

Reports of standing committees of the board;

Reports of special committees of the board; and

Any other business that may properly come before the board.

The following shall be the order of business at each special meeting of the board:

Reading of notice of meeting;

The special business for which the meeting was called; and

Any other business that may properly come before the board.

The order of business of the board may be changed or suspended at any meeting by a majority of the regents present. An item shall be removed from the consent agenda by request of any regent.

(7) Minutes. The minutes of all regular and special meetings of the board shall be kept by the secretary. Such minutes, following approval, shall be open to public inspection in the office of the secretary of the board of regents during regular university business hours.

(8) Public meetings. Regular and special meetings of the board of regents and committees thereof as required by applicable law shall be open to the public, except for executive sessions which may be held as permitted by applicable law. Board members may appear at any meeting through a telephone or video-conferencing device that permits communications with all other persons at the meeting. Persons wishing to appear before the board to make a presentation shall comply with the procedures as specified in subsection (11) of this section.

(9) Committee of the whole meetings. Meetings of the board as a committee of the whole may be held before regular or special meetings of the board or at such time and such place as the president of the board may direct from time to time.

(10) Executive sessions. During any regular or special meeting of the board, the board may hold an executive session to discuss matters as permitted in applicable laws of the state of Washington.

(11) Communications to and appearance before the board. Any persons who wish to communicate to the board or appear before the board shall do so as follows:

(a) Communications to the board. Any person who wishes to bring a matter to the attention of the board may do so by submitting such communication in writing to the secretary of the board of regents. The secretary shall bring such written communications to the attention of the president of the board and the president of the university for direction as to response and/or transmittal to the board.

(b) Appearance before the board. The meetings of the board of regents are intended for presentation of agenda items by the chairs of the respective standing committees and by the president of the university for discussion and action by the members of the board. Public testimony on agenda items, or on other relevant items which any person may wish to call to the attention of the board, may be taken by the appropriate standing committee or by the committee of the whole. The chair of each committee shall have the discretion to limit the time and order of appearances as deemed desirable for a fair presentation of views consistent with the other business before the committee. In an unusual case, this subsection may be waived by the president of the board or by any other six members of the board.

(c) Petition to board for promulgation, amendment, or repeal of rule. Persons having an interest in the promulgation, amendment, or repeal of a "rule" as defined in RCW 34.05.010 may submit a written petition to the ((administrative procedures office, rules coordinator for the University of Washington)) university's rules coordination office. Any petition so submitted shall contain the name and address of the petitioner or petitioners, a description of the persons on whose behalf the petition is presented if it is presented in a representative capacity, a statement of the interest of the petitioner and/or the persons on whose behalf it is presented, and a statement of the reasons supporting the petition. If the petition is for the promulgation of a rule, it shall contain the proposed rule. If the petition is for an amendment of an existing rule, it shall contain the rule with the proposed deletions lined out and proposed additions underlined or italicized. If the petition is for the repeal of a rule, it shall contain a copy of the rule proposed to be repealed. The petition shall be considered by the board at the first regular meeting held not less than thirty days after the date the petition was submitted to the ((administrative procedures)) rules coordination office, provided that the board may consider the petition at any earlier regular or special meeting of the board.

Within sixty days after submission of a petition to the ((administrative procedures)) rules coordination office that is for the promulgation, amendment, or repeal of a "rule," as defined in RCW 34.05.010, the board shall either deny the petition in writing or initiate rule-making procedures in accordance with RCW 34.05.330.

(12) Rules of procedure. Robert's Rules of Order, latest revised edition, shall govern all meetings of the board and its committees except where such rules of order are superseded by the bylaws of the board of regents or standing orders of the board. Any member of the board may make a motion which need not be seconded in order to bring the subject of the motion before the board for action.

[Statutory Authority: RCW 28B.20.130, 34.05.330 and chapter 42.30 RCW. 03-24-046, 478-04-030, filed 11/26/03, effective 12/27/03. Statutory Authority: RCW 28B.20.130 and 42.30.075. 92-02-038, 478-04-030, filed 12/24/91, effective 1/24/92.]

OTS-7727.1


AMENDATORY SECTION(Amending WSR 04-13-086, filed 6/17/04, effective 8/16/04)

WAC 478-116-145   Night and swing permits.   (1) Night and swing permits allow for parking within the period of time printed on the permit. Parking on Saturday is allowed in unrestricted areas unless otherwise reserved for event parking as authorized by parking services.

(2) Gate-issued or machine-issued ((evening)) night permits are valid only until 7:30 a.m. of the following day.

(3) Night permit holders who purchase gatehouse parking weekdays between 2:30 p.m. and 4:00 p.m., will be charged the night extension rate.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, 478-116-145, filed 6/17/04, effective 8/16/04; 01-20-030, 478-116-145, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-145, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 04-13-086, filed 6/17/04, effective 8/16/04)

WAC 478-116-161   Parking fee payment.   Regardless of payment method used, payment for a parking permit is the sole responsibility of the permit holder and failure to pay the parking permit fee is grounds for recall under WAC 478-116-184 (1)(d). The permit holder remains responsible for payment of parking fees until the permit is returned or expires. Payment for a parking permit may be made in one of the following ways:

(1) By cash, by Husky Card debit account ((debit)), and by check or money order payable to the University of Washington. In the case of payment by Husky Card debit account ((debit)), any previously uncollected fees will be charged to Husky Card accounts when sufficient balances become available.

(2) Permanent faculty and staff members regularly receiving University of Washington semimonthly paychecks may pay for a permit by payroll deduction.

(a) Deductions will be taken from the semimonthly paycheck for the current period and for all previous parking periods not yet collected. Persons selecting this plan must complete a payroll deduction authorization form online or in person in addition to the appropriate parking permit application.

(b) Deductions are terminated by completing a payroll deduction termination form and returning any unexpired permit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, 478-116-161, filed 6/17/04, effective 8/16/04; 97-14-005, 478-116-161, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 04-13-086, filed 6/17/04, effective 8/16/04)

WAC 478-116-311   Motor vehicle fines and penalties.   The following schedule of fines for violation of the rules listed below is hereby established:


OFFENSE MAXIMUM FINE
01 Obstructing traffic or pedestrian

movements . . . . . . . . . . . .

WAC 478-116-245

$ 35.00

02 Enter/exit without paying . . . . . . . . . . . .

WAC 478-116-251

25.00
03 Failure to lock ignition and/or set brakes . . . . . . . . . . . .

WAC 478-116-281

15.00
04 Improper display of vehicle permit . . . . . . . . . . . .

WAC 478-116-223

12.00
05 Permit not registered to this vehicle . . . . . . . . . . . .

WAC 478-116-227

5.00
06 Occupying more than one stall or space . . . . . . . . . . . .

WAC 478-116-271

20.00
07 Parking in restricted parking area . . . . . . . . . . . .

WAC 478-116-251

35.00
08 Parking in prohibited area . . . . . . . . . . . .

WAC 478-116-253

35.00
09 Parking on planted areas . . . . . . . . . . . .

WAC 478-116-261

25.00
10 Parking out of assigned area . . . . . . . . . . . .

WAC 478-116-261

15.00
11 Parking over posted time limit . . . . . . . . . . . .

WAC 478-116-251

30.00
12 Parking with no valid permit displayed . . . . . . . . . . . .

WAC 478-116-201

30.00
13 Parking at expired meter . . . . . . . . . . . .

WAC 478-116-211

30.00
14 Parking outside cycle area . . . . . . . . . . . .

WAC 478-116-221

10.00
15 Parking in space/area not designated

for parking . . . . . . . . . . . .

WAC 478-116-261

25.00

16 Parking while privilege suspended . . . . . . . . . . . .

WAC 478-116-184

100.00
17 Use of forged/stolen vehicle permit . . . . . . . . . . . .

WAC 478-116-184 and 478-116-227

250.00
18 Use of revoked permit . . . . . . . . . . . .

WAC 478-116-231

100.00
19 Unauthorized overnight parking of a

motor home . . . . . . . . . . . .

WAC 478-116-125

50.00

20 ((Impound)) Impoundment . . . . . . . . . . . .

WAC 478-116-291

At cost
21 Other violations of the university parking and traffic rules . . . . . . . . . . . .

25.00

22 Parking in space designated for disability or wheelchair . . . . . . . . . . . .

WAC 478-116-255

250.00
23 Penalty for failure to pay fine, respond, or comply with final decision of citation hearing office within time limits . . . . . . . . . . . .

WAC 478-116-520

25.00

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, 478-116-311, filed 6/17/04, effective 8/16/04; 01-20-030, 478-116-311, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-311, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 04-13-086, filed 6/17/04, effective 8/16/04)

WAC 478-116-431   Notice and redemption of impounded vehicles.   (1) Not more than one business day after impoundment of any vehicle, the University of Washington police department shall mail a notice to the registered owner of the vehicle, as may be disclosed by the vehicle license number, if such be obtainable, and to any other person who claims the right to possession of the vehicle, if such a claim is known to an officer, agent or employee of the University of Washington police department who has knowledge of the impoundment. The notice shall be mailed to the registered owner at the address provided by the Washington state department of licensing or the corresponding agency of any other state or province. If a police officer who has knowledge of the impoundment has reason to believe that an owner, or one who claims to be an owner, is residing or in custody at some different address which is known to the officer, a copy of the notice shall be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to the owner. The notice shall contain the full particulars of the impoundment, redemption, and an opportunity to contest the propriety of the impoundment as provided in WAC 478-116-541.

Similar notice shall be given to each person who seeks to redeem an impounded vehicle. If a vehicle is redeemed prior to the mailing of notice, the notice need not be mailed.

(2) Motor vehicles impounded shall be redeemed only under the following circumstances:

(a) Only the registered owner who has a valid driver's license or person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt ((therefore)) for it, may redeem an impounded motor vehicle.

(b) Any person so redeeming a motor vehicle impounded shall pay the cost of such impoundment (towing and storage), together with such fines as are outstanding against the vehicle if impoundment was made pursuant to WAC 478-116-401 prior to redemption, except as provided in (c) of this subsection.

(c) Any person seeking to redeem a motor vehicle impounded under WAC 478-116-401, 478-116-411 or 478-116-421 has a right to contest the validity of impoundment or the amount of towing and storage charges and shall have the motor vehicle released upon requesting a review as provided in WAC 478-116-541, and paying any outstanding fines, towing and storage charges.

(3) In addition to any other penalty which may be imposed as a result of actions described in subsection (2)(c) of this section, campus parking privileges shall be suspended until all such debts are paid.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, 478-116-431, filed 6/17/04, effective 8/16/04; 97-14-005, 478-116-431, filed 6/19/97, effective 9/15/97.]

OTS-7728.1


AMENDATORY SECTION(Amending WSR 01-11-136, filed 5/23/01, effective 6/23/01)

WAC 478-250-050   University rules coordination.   (1) ((University rules)) Coordination of university rules shall be conducted by the ((administrative procedures)) rules coordination office, which reports to the office of the ((vice-president for university relations)) vice-provost.

(2) The director of the ((administrative procedures)) rules coordination office shall have knowledge of the subjects of rules being proposed or prepared within the university, maintain the records of any such action, and respond to public inquiries about possible, proposed, or existing rules and the identity of university personnel developing, reviewing, or commenting on them.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 01-11-136, 478-250-050, filed 5/23/01, effective 6/23/01; 97-14-004, 478-250-050, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-250-050, filed 4/24/91, effective 5/25/91.]


AMENDATORY SECTION(Amending WSR 97-14-004, filed 6/19/97, effective 7/20/97)

WAC 478-250-060   Rule indexing.   (1) Content. The university ((administrative procedures)) rules coordination office shall maintain an index of final orders, declaratory orders, interpretive statements, and policy statements, as defined by RCW 42.17.260(5), issued after June 30, 1990, by the board of regents of the University of Washington, the president of the University of Washington, or their designees.

(2) Form. The index shall reference final orders, declaratory orders, interpretive statements, or policy statements by one or more of the following classifications: Date of implementation, organizational unit, or subject matter.

[Statutory Authority: RCW 28B.20.130, 42.17.260, 42.17.290, 42.17.300 and chapter 34.05 RCW. 97-14-004, 478-250-060, filed 6/19/97, effective 7/20/97. Statutory Authority: RCW 28B.20.130. 91-10-031, 478-250-060, filed 4/24/91, effective 5/25/91.]

Washington State Code Reviser's Office