Preproposal statement of inquiry was filed as WSR 04-17-078.
Title of Rule and Other Identifying Information: Chapter 132I-116 WAC, Parking and traffic regulations and chapter 132I-168A WAC, Use of the library, housekeeping, change of appeal period and moving fines from WAC.
Hearing Location(s): Highline Community College, 2400 South 240th Street, Building 2, Room 101, Des Moines, WA 98198, on November 9, 2004, at 12:00 p.m.
Date of Intended Adoption: November 9, 2004.
Submit Written Comments to: Connie Johnson, Highline Community College, MS 1-1, P.O. Box 98000, Des Moines, WA 98198, e-mail firstname.lastname@example.org, fax (206) 870-3754, by November 8, 2004.
Assistance for Persons with Disabilities: Contact Connie Johnson by November 8, 2004, TTY (206) 870-4853.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revisions to existing rules to perform housekeeping, change appeals periods, and move fines from WAC.
Reasons Supporting Proposal: Housekeeping is for clarification; changing appeal periods is for ease of enforcement and clarification of process; and moving fines from WAC is more efficient so that code does not have to be revised any time fines change.
Statutory Authority for Adoption: Chapter 34.05 RCW et seq. and RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The changes proposed will result in more efficient use of state resources by reducing the amount of time needed for ongoing rule changes.
Name of Proponent: Highline Community College, public.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Laura Saunders, 2400 South 240th Street, Des Moines, WA 98198, (206) 878-3710.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not significant rules.
A cost-benefit analysis is not required under RCW 34.05.328. Not significant rules.
October 1, 2004
AMENDATORY SECTION(Amending Order 020, filed 6/26/84)
WAC 132I-116-020 Definitions. As used in this document, the following words shall mean:
(1) College: Highline Community College, or any additional community college hereafter established with Community College District 9, state of Washington, and collectively, those responsible for its control and operations.
(2) College community: Trustees, students, employees, and guests on college owned or controlled facilities.
(3) College facilities: Includes any or all property controlled or operated by the college.
(4) Student: Includes all persons attending or enrolled at the college, both full time and part time.
(5) Campus police chief: An employee of Highline Community College District 9, state of Washington, who is responsible to the vice-president for administration for campus security, safety, parking, and traffic control.
(6) Vehicle: An automobile, truck, motor-driven cycle, scooter, or any vehicle powered by an engine. Also included will be bicycles and other nonengine vehicles.
(7) Visitor: Any person(s) who comes on to the campus as guest(s) or to visit the campus for meetings and/or other purposes.
(8) School year: Unless otherwise designated, the time period commencing with the summer quarter of the community college calendar year and extending through the subsequent fall, winter, and spring quarters.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-020, filed 6/26/84; Order 015, § 132I-116-020, filed 8/19/76; Order 014, § 132I-116-020, filed 1/6/76; Order 003, § 132I-116-020, filed 9/27/73.]
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-040, filed 6/26/84; Order 014, § 132I-116-040, filed 1/6/76; Order 003, § 132I-116-040, filed 9/27/73.]
(1) A valid permit is:
(a) A current Highline Community College vehicle permit displayed in accordance with instructions.
(b) A temporary or guest permit authorized by the
campus)) safety and security office and displayed in
accordance with instructions.
(2) Parking permits are not transferable, except as provided in WAC 132I-116-100.
(3) The college reserves the right to refuse the issuance of a parking permit.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-050, filed 6/26/84; Order 003, § 132I-116-050, filed 9/27/73.]
(1) Students may be issued a parking permit upon the
registration of his vehicle with the ((
campus)) safety and
security office at the beginning of each academic period.
(2) Faculty and staff members may be issued a parking permit upon the registration of their vehicles at the time they begin their employment at the college.
(3) Full-time faculty and staff personnel may be issued a second car permit for another personally owned vehicle. A condition of issuance is that at no time will more than one vehicle be parked on campus.
(4) Car pool permits ((
may be purchased by)) are issued
to faculty, staff, and students. A car pool is defined as
being from two to five persons. One transferable permit will
be issued by the (( campus)) safety and security office for
each car pool. This permit is transferable only among the
registered members of the car pool. This permit will be
displayed in accordance with the instructions provided with
the permit. A condition of issuance is that at no time will
more than one vehicle owned by members of the pool be parked
Campus)) Safety and security may issue temporary
and special parking permits when such permits are necessary to
enhance the business or operation of the college.
(6) Any permit-holder may obtain temporary parking
permits at the ((
campus)) safety and security office without
charge for an unregistered vehicle when necessary due to the
nonavailability of his registered vehicle.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-070, filed 6/26/84; Order 015, § 132I-116-070, filed 8/19/76; Order 014, § 132I-116-070, filed 1/6/76; Order 003, § 132I-116-070, filed 9/27/73.]
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-116-090, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-090, filed 6/26/84; Order 003, § 132I-116-090, filed 9/27/73.]
(1) Records invalid permit number;
(2) Removes invalid permit;
(3) Brings invalid permit or remnant thereof and permit number to the campus security office. This office shall then issue the permit holder a new parking permit. Subject vehicle will then be registered under the new number.
(4))) Permits may be reissued as authorized by the
campus police)) safety and security chief.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-100, filed 6/26/84; Order 014, § 132I-116-100, filed 1/6/76; Order 003, § 132I-116-100, filed 9/27/73.]
[Order 003, § 132I-116-130, filed 9/27/73.]
(2) No vehicle may be parked any place where official signs prohibit parking, or within ten feet of a fire hydrant; on any area which has been landscaped or designed for landscaping; or any cement walkway or unpaved pathway designated for pedestrian use, except for the purposes of maintenance by an appropriate Highline Community College employee or by an agent from an outside firm employed by Highline Community College, or in the case of emergency vehicles.
(3) No motorcycles, motorized bicycles, scooters, or bicycles shall be parked inside a building, near a building, or on a path or sidewalk. Bicycles must be secured to racks as provided.
(4) Vehicles which have been parked in excess of 72 hours and which appear to be inoperative or abandoned may be impounded and stored at the expense of either or both owner and operator thereof.
(5) Personnel who require parking longer than normal parking hours may apply through the safety and security office for permission.
(6) All vehicles shall follow traffic arrows and other markings established for the purposes of directing traffic on campus.
(7) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall 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 or more than one space or stall shall not constitute an excuse for a violation of this section.
Designated parking areas on campus for student use
will be open from 6:30 a.m. to 10:45 p.m., Monday through
Friday. In addition, the Midway Drive-in Theater parking lot
(when designated), is available for student parking between
7:30 a.m. and 5:00 p.m., Monday through Friday.
(9))) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to WAC 132I-116-140.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-150, filed 6/26/84; Order 003, § 132I-116-150, filed 9/27/73.]
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-190, filed 6/26/84; Order 014, § 132I-116-190, filed 1/6/76; Order 003, § 132I-116-190, filed 9/27/73.]
(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 such a vehicle which has slowed or stopped to yield to pedestrian traffic.
(3) Where a sidewalk is provided, pedestrian shall proceed upon such a sidewalk.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-210, filed 6/26/84; Order 003, § 132I-116-210, filed 9/27/73.]
Impounding of vehicles shall include but not be limited to the following:
(1) Blocking roadway which blocks the flow of traffic;
(2) Blocking walkway which impedes the flow of pedestrian traffic;
(3) Blocking a fire hydrant or ((
(4) Creating a safety hazard in the opinion of the
campus police)) safety and security chief or his designee;
(5) Blocking another legally parked car;
(6) Parking in a marked "tow-away" zone;
(7) Having an accumulation of four outstanding parking/traffic violations;
(8) Illegally parking in a handicapped parking space.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-222, filed 6/26/84.]
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-230, filed 6/26/84; Order 014, § 132I-116-230, filed 1/6/76; Order 003, § 132I-116-230, filed 9/27/73.]
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-240, filed 6/26/84; Order 014, § 132I-116-240, filed 1/6/76; Order 003, § 132I-116-240, filed 9/27/73.]
(1) No parking permit displayed. Highline Community
College parking ((
decal)) permit is necessary when parking in
any area on campus. The permit must be prominently displayed.
(2) Failure to stop at stop sign/signals. The failure to bring a vehicle to a complete stop at properly erected and identified stop signs/signals.
(3) Failure to yield right of way. The fact of depriving another vehicle or pedestrian of the right of way at an intersection or crosswalk.
(4) Improper parking. Parking a vehicle in areas that are intended for purposes more than parking, i.e., fire lanes, driveways, sidewalks, lawns, or taking more than one parking stall.
(5) Parking in the wrong area. Parking in faculty/staff areas, disabled persons area, or visitor area and/or any other area differing from the locations indicated on the issued permit.
(6) Negligent/reckless driving. The operation of a vehicle in such a manner as to place person(s) or property in danger of injury or grievous harm.
(7) Speeding. The operation of a vehicle in such a manner as to exceed the posted speed limits.
(8) Wrong way on one-way roadways. Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.
(9) Permits not displayed pursuant to the provisions of this chapter shall not be valid.
(10) Other violations. Clearly indicated and an actual violation of the law or traffic ordinances. The violation must be recorded in the space provided on HCC parking/traffic citation.
[Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-260, filed 6/26/84; Order 014, § 132I-116-260, filed 1/6/76; Order 003, § 132I-116-260, filed 9/27/73.]
In addition to a fine imposed under these regulations,
illegally parked vehicle(s) may be taken to a place for
storage as the ((
campus police)) safety and security chief
selects. The expenses of such impoundings and storage shall
be the responsibility of the registered owner or driver of the
vehicle. The college shall not be liable for loss or damage
of any kind resulting from such impounding and storage.
(2) Parking and traffic fines and penalties schedule shall be adopted by the board of trustees.
(3) An accumulation of traffic violations by a student
shall be cause for disciplinary action, and the ((
vice-president of students may initiate disciplinary
proceedings against such students.
(4) An accumulation of traffic violations by faculty or staff members shall be turned over to the controller for the collection of fines not received by the vice-president for administration, or his designee.
(5) Parking and traffic violations will be processed by
the college. Parking and traffic fines are to be paid to the
campus)) safety and security office.
The schedule of fines shall be reviewed by a
parking advisory committee appointed by the student affairs
council as requested by the dean of students or the
(7))) Parking and traffic fines shall be charged for offenses as indicated in a separate document.
(8))) (7) In the event a student fails or refuses to
pay a fine, the following may result:
(a) Student may not be eligible to register;
(b) Student may not be able to obtain a transcript or his grades or credits;
(c) Student may not receive a degree until all fines are paid;
(d) Student may be denied future parking privileges;
(e) Vehicle may be impounded.
(9))) (8) Parking and traffic fines are due twenty days
from the date of citation. Provided that if an appeal is
taken, such fine shall be due twenty days from the date of
service upon the violator of the result of the appeal.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-116-270, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-270, filed 6/26/84; Order 014, § 132I-116-270, filed 1/6/76; Order 003, § 132I-116-270, filed 9/27/73.]
in staff or visitor area)
Effective Winter Quarter 1992
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-116-275, filed 7/21/92, effective 8/21/92.]
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 92-15-115, filed 7/21/92, effective 8/21/92)
WAC 132I-116-285 Schedule of parking fees. Highline Community College parking fees are ((
(5 or more people)
All other registered students, i.e., community service
self-supporting programs, GED will pay a $.25 daily fee, any
other exceptions must see the campus police chief in the
campus security office. These fees include the state sales
tax as required.))
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-116-285, filed 7/21/92, effective 8/21/92.]
(1) Review the appeal to determine whether a satisfactory solution, to all parties, can be reached without further administrative action.
(2) If the appellant is not satisfied with the decision
of the ((
campus police)) safety and security chief, an appeal
may be made, in writing, to the college's vice-president for
administration within twenty-one calendar days of the
appellant's receipt of the decision. Within twenty working
days from the receipt of any such appeal, the college's
vice-president for administration shall render a written
decision. The (( dean of administration's)) decision will be
(3) The final legal recourse for an appellant is to the Washington state superior court system.
(4) In the event that the appeal involves an impounded
vehicle, the owner of such vehicle shall have the right to a
hearing within forty-eight hours of a request, or the first
workday after impoundment if the vehicle is impounded on a
Friday or on a Thursday if a three-day weekend, whichever is
longer, for such, before the ((
campus police)) safety and
security chief. The owner of the vehicle shall also be
entitled to a release of his vehicle upon payment of a bond in
the amount of the sum of the impoundment costs and the total
of all fines due and owing. If at the hearing it is shown
that the vehicle was improperly impounded, the owner of the
vehicle shall be entitled to a refund of the costs of
(5) In all appeals under this section, the appellant carries the burden of proof, which shall be a preponderance of the evidence.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-116-300, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 28B.50.140. 84-14-020 (Order 020), § 132I-116-300, filed 6/26/84; Order 014, § 132I-116-300, filed 1/6/76; Order 003, § 132I-116-300, filed 9/27/73.]
USE OF THE)) HIGHLINE COMMUNITY COLLEGE LIBRARY
(2) The library maintains, and makes available to all users, written policies and procedures on:
(a) Collection development;
(b) Hours of service;
(c) Circulation periods;
(d) Availability of resources;
(e) Borrowing and access;
(g) Consideration and complaint processes; and
(h) Protection of library records.
[Order 012, § 132I-168-010 (codified as WAC 132I-168A-010), filed 10/31/75.]
(1) Currently enrolled students
(2) All faculty and staff of Highline Community College
(3) The community at large which includes former students and graduated alumni
(4) Other libraries
Patrons wishing to retain anonymity against future searches of library records may make special arrangements to check out materials on a disposable book card. Books, packages, briefcases and similar receptacles are subject to inspection upon leaving the library. Library privileges may be refused to patrons who repeatedly cause disturbances and have been forewarned of the possibility of such action)) as an active and integral part of the community, the library's materials and services are a public resource available to the surrounding community. Within this principle, the library's primary clientele are students, faculty, and staff of Highline Community College. The library also welcomes students from other Washington community and technical colleges and the community at large. The resources of the library are also available for sharing with other libraries within the state and globally.
[Order 012, § 132I-168-050 (codified as WAC 132I-168A-050), filed 10/31/75.]
(a) For materials under two to twenty-four hour circulation, fines are levied at a rate of $.25/library hour up through the first four hours inclusive and $.10/library hour thereafter.
(b) For materials under three-day loan, fines are levied at a rate of $.50/library day.
(c) For periodicals, fines are levied at a rate of $.25/library day per item up to a maximum of $2.00.
(2) Damage and replacement charges.
(a) Damage charges for all library materials, regardless of classification, will reflect the cost of repair but will not exceed the cost of replacement. Damages to special collection materials will be determined by the director of the library of his delegate. Charges for damaged reprints reflect the current copy-machine rates.
(b) Replacement charges are $2.00 over the current list price of the lost or missing item. This rate for replacement applies to all library materials except:
(i) Vertical file materials which are assessed at $2.00 per item;
(ii) Special collection materials which are assessed as determined by the director of the library or his delegate, and;
(iii) Periodical materials which are assessed at $2.00 above the current list price for each periodical in addition to which bound periodicals will have an additional charge levied to reflect the cost of replacement and the cost of binding in volumes.
(3) Notification of overdue materials will be by mail to the address listed on the book card, registration roster or in the office of the registrar. Notice of materials placed on reserve may be by telephone and/or by mail. Responsibility for correct address information lies with the patron exclusively.
(4) Anyone owing over a total of $50.00 in fines, damages and/or replacement charges shall have library privileges withheld as notified, in writing, by the director of the library or his delegate.
(5) Failure to return library materials and/or to settle disputes concerning fines, damages or replacement fees by the end of the quarter during which the material was circulated or the fine or fee was incurred may result in having library privileges suspended until the dispute is satisfactorily settled.
(6) Fines accrue from the first day or hour such materials are overdue.
(7) Failure to accommodate a library hold or recall effort may result in fines or similar appropriate disciplines.
(8) College employees who are terminating their employment at Highline Community College may have outstanding fines and/or charges deducted from final paychecks or may have final paychecks withheld until charges are paid.)) The schedule of fines and charges is posted at the library circulation desk and is available through the office of the dean of instructional resources. All patrons are subject to uniform application of this schedule.
(1) Damage charges. Damage charges for all library materials, regardless of type or classification, will reflect the cost of repair but will not exceed the cost of replacement. Damage charges for special collection materials will be determined by the dean of instructional resources.
(2) Replacement charges are levied for lost or nonreturned items, and for damaged items where the cost of repair exceeds the cost of replacement. Replacement charges are based on the current purchase price of the item plus the item-processing fee outlined in the schedule of fees and charges.
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-168A-090, filed 7/21/92, effective 8/21/92; Order 012, § 132I-168-090 (codified as WAC 132I-168A-090), filed 10/31/75.]
(2) Upon receipt of a properly filed request for a brief
adjudicative proceeding, the ((
librarian)) dean of
instructional resources shall conduct a hearing. Within ten
days of such hearing, the (( librarian)) dean shall serve the
patron with an initial order either upholding or denying the
patron's appeal. Such order shall comply with the
requirements of RCW 34.05.485 and WAC 10-08-210.
(3) If the initial order is considered unsatisfactory,
the library patron may file an appeal with the ((
dean)) vice-president of academic affairs or his or her
designee. Such request shall be made in writing, shall
clearly state the grounds for the appeal, and shall be
postmarked within twenty-one days of the date of service of
the initial order. Failure to file this request within
twenty-one (( library)) days shall be deemed as acceptance of
the disposition proposed by the (( director)) dean.
(4) The ((
dean's)) vice-president's decision shall be
[Statutory Authority: Chapter 34.05 RCW et seq., RCW 28B.50.100 and 28B.50.140. 92-15-115, § 132I-168A-100, filed 7/21/92, effective 8/21/92; Order 012, § 132I-168-100 (codified as WAC 132I-168A-100), filed 10/31/75.]
The following sections of the Washington Administrative Code are repealed:
|WAC 132I-168A-030||Definition of terms.|
|WAC 132I-168A-040||Classification of materials.|
|WAC 132I-168A-060||Periods of circulation.|
|WAC 132I-168A-070||Holds, recalls and searches.|
|WAC 132I-168A-080||Return of library materials.|