WSR 04-20-075

PROPOSED RULES

HIGHLINE COMMUNITY COLLEGE


[ Filed October 4, 2004, 2:48 p.m. ]

     Original Notice.

     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 cjohnson@highline.edu, 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

Laura Saunders

Vice-President

for Administration

OTS-7108.2


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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-040   Parking and traffic responsibility.   The vice-president for administration is responsible for parking and traffic management on campus. In general, the responsibility is delegated to the ((campus police)) safety and security chief who is to coordinate with the ((dean)) vice-president of students. Likewise, duly appointed ((campus)) safety and security officers and other safety and security employees of Highline Community College shall be delegated the authority to enforce all college parking and traffic regulations.

[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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-050   Permits required for vehicles on campus.   No person shall park or leave any vehicle, whether attended or unattended, upon the campus of Highline Community College without a permit issued by the ((campus)) safety and security office. All persons parking on the campus will be given a reasonable time to secure a temporary or permanent permit from the ((campus)) safety and security office.

     (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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-070   Authorization for issuance of permits.   The ((campus)) safety and security office is authorized to issue parking permits to students, faculty, and staff members of the college pursuant to the following regulations:

     (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 on campus.

     (5) ((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.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-116-090   Display of permit.   ((The parking permit issued by the college shall be permanently affixed on the inside of the rear window on the lower left corner directly behind the driver. If the vehicle is a convertible or a truck camper, or has no permanently fixed rear window, the permit shall be displayed on the front windshield.)) Permits must be hung in the front window from the rearview mirror. Permits not displayed in accordance with the provisions of this section shall not be valid and vehicles displaying the improper placed permit shall be subject to citation. Permits shall be displayed on the front fender of a motorcycle, scooter, or bicycle.

[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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-100   Transfer of permits.   Parking permits are ((not)) transferable between vehicles registered to the permit holder. ((If a vehicle is sold or traded, a new permit will be issued to the permit holder at no additional cost if the permit holder does the following:

     (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.]


AMENDATORY SECTION(Amending Order 003, filed 9/27/73)

WAC 132I-116-130   Responsibility of person to whom permit issued.   The person to whom a permit is issued is responsible for all violations of the parking and traffic rules and regulations involving the vehicle for which the permit was issued ((and to which it was affixed:)). Provided, however, that such responsibility shall not relieve other persons who violate these rules and regulations. In the event that a vehicle in violation is not registered with the college, the current registered owner will be responsible for the violation(s) of the campus regulations.

[Order 003, § 132I-116-130, filed 9/27/73.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-150   Parking within designated spaces.   (1) Any person parking a vehicle on Highline Community College property shall park his vehicle in designated parking areas only. These areas are marked by a curb, white lines, or signs. Parking on or over a line constitutes a violation.

     (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.

     (8) ((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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-190   Regulatory signs and directions.   The ((campus police)) safety and security chief is authorized to erect signs, barricades, and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned or operated by the college. Such signs, barricades, structures, markings, and directions shall be so made and placed as to best effectuate the objectives of these rules and regulations, in the opinion of the vice-president for administration or his designee. Drivers of vehicles shall observe and obey the signs, barricades, structures, markings, and directions erected pursuant to this section. Drivers shall also comply with the directions given them by the ((campus)) safety and security officer or other ((campus)) safety and security personnel in the control and regulation of traffic.

[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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-210   Pedestrian's right of way.   (1) The operator of a vehicle shall yield right of way, slowing down or stopping, if need be, to ((so)) yield to any pedestrian, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible or unsafe for the driver to yield.

     (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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-222   Impounding of vehicles.   Any vehicle parked upon lands devoted to the educational, recreational, or parking activities of Highline Community College in violation of these regulations, including the motor vehicle and other traffic laws of the state of Washington and the traffic code of the city of Des Moines as incorporated in WAC 132I-116-030, may be impounded and taken to such place for storage as the ((campus police)) safety and security chief selects. The expense of such impounding and storage shall be charged to the owner or operator of the vehicle and paid by him prior to its release. The college and its employees shall not be liable for loss or damage of any kind resulting from such immobilization, impounding, and/or storage.

     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 ((fire-land [lane])) fire-lane;

     (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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-230   Report of accident.   The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or ((total or claimed)) damage to either ((or both)) vehicles of ((any amount)) $500.00 or more, shall within 24 hours report such accident to the ((campus police)) safety and security chief. This does not relieve any person so involved in an accident from his responsibility to file a state of Washington motor vehicle accident report within 24 hours after such accident.

[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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-240   Specific traffic and parking regulations and restrictions authorized.   Upon special occasions or during emergencies, the ((campus police)) safety and security chief is authorized to impose additional traffic and parking regulations and restrictions consistent with the objectives specified in WAC 132I-116-010.

[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.]


AMENDATORY SECTION(Amending Order 020, filed 6/26/84)

WAC 132I-116-260   Issuance of traffic citations.   Upon the violation(s) of any of the rules and regulations contained in this document the ((campus police)) safety and security chief or subordinates are authorized to issue traffic citations, setting forth the date, the approximate time, permit number, license number, name of permit holder, infraction, officer, and schedule of fines. Such traffic citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator. Violation(s) of the college parking and traffic rules and regulations refers to:

     (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.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-116-270   Fines and penalties.   (1) Fines may be levied for all violations of the rules and regulations contained in WAC 132I-116-260.

     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 ((dean)) 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.

     (6) ((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 vice-president.

     (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.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-116-275   Schedule of fines and penalties.   Highline Community College parking and traffic fine schedule ((is as follows:


     ((** Parked in wrong area (student

in staff or visitor area)

 $5.00
     ** Parked in no parking zone 5.00
     ** Parked in firelane 5.00
     ** improperly parked - i.e., parked in a manner to obstruct traffic; occupying more than one space or over separator line; backed into stall (must be head in); space not designated for parking 5.00
     ** No current HCC parking permit displayed 5.00
     *

No parking permit displayed (Fine will be reduced to one dollar if the citation is returned to the campus security office within five school days from date of issuance and a current parking permit is picked up during the five school-day period.) 5.00
First violation only:
** all of the above fines are $5.00 for the first offense, and all subsequent offenses are $15.00 each.
No current handicap permit $25.00
Speeding 10.00
Reckless/negligent driving 10.00
Failure to yield right of way 10.00
Failure to stop for stop sign 10.00
Wrong way on one-way road 10.00
Others - i.e., use of permit for vehicle other than to which registered; improper display of permit; use of forged, lost, or stolen permit

5.00

Effective Winter Quarter 1992))

is listed in the Highline Community College budget book on file in the Highline Community College library and adopted by the board of trustees.

[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 ((as follows:


Parking Fees:


Students registered for 0-5 credits $5.00 per quarter
Students registered for 6 or more credits $8.00 per quarter
Part-time faculty and staff $5.00 per quarter
Full-time faculty and staff $8.00 per quarter
Motorcycles, motorbikes, scooters $5.00 per quarter
Additional, replacement/ second car $3.00 per quarter
Car pool permits (5 or more people) No charge
Each additional vehicle in car pool

(5 or more people)

 No charge
Senior citizens registering under tuition waiver $3.00 per quarter
Annual permits (4 quarters) $29.00
Annual permits (3 quarters) $24.00
Special rates (summer quarters) $5.00 per quarter))

listed in the Highline Community College budget book on file in the Highline Community College library and adopted by the board of trustees.

     ((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.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-116-300   Appeal of fines and penalties.   Any fines and penalties levied against a violator of the rules and regulations set forth herein, may be appealed. The appeal must be made in writing, within twenty calendar days from the date of the citation, to the ((campus police)) safety and security chief, who will:

     (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 final.

     (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 impoundment.

     (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.]

OTS-7110.1

Chapter 132I-168A WAC

((USE OF THE)) HIGHLINE COMMUNITY COLLEGE LIBRARY


AMENDATORY SECTION(Amending Order 012, filed 10/31/75)

WAC 132I-168A-010   Purpose of the library.   ((Highline Community College library, in its role of cooperating against the abridgment of free expression and free access to ideas, provides public information and enlightenment through its responsibility to maintain books and other materials of value for their wide range of information, interest, viewpoints and enlightenment on the problems and issues of our times. Just as its doors remain open to all individuals, regardless of age, sex, race, religion, national origin or socio-political views, so its shelves remain open to all books regardless of the author's age, sex, race, religion, national origin or socio-political viewpoint. Further, Highline Community College's library perceives itself as challenger to all attempts at censorship and/or proscription of views of either patron or authors because it is an educational institution for democratic living.)) (1) Highline Community College library, through its role of supporting free expression and free access to ideas, assists the college in achieving the college's mission of superior education for its diverse community. The library provides both on-site and remote access to information and knowledge. The library endeavors to provide access to books and other materials of value for their wide range of information, interest, viewpoints and enlightenment on the problems and issues of our times. Just as the library's doors remain open to all individuals, regardless of age, ability, gender, sexual orientation, race, religion, national origin or socio-political views, so the library's collection remains open to all material regardless of author's age, ability, gender, sexual orientation, race, religion, national origin or socio-political viewpoint. Further, Highline Community College library, as part of an educational institution in a democratic society, perceives itself as challenger to all attempts at censorship and/or proscription of views of either patron or creator.

     (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;

     (f) Fees;

     (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.]


AMENDATORY SECTION(Amending Order 012, filed 10/31/75)

WAC 132I-168A-050   ((Borrower classification.)) Library use.   Consistent with a community college ((being the symbol of a community's recognition of the value of education, the library acts as Highline college's emissary to all those acknowledging that value and actively seeking it. Within this principle are readily identifiable groups that have varying demands upon existing facilities. These groups are as follows:

     (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.]


AMENDATORY SECTION(Amending 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-168A-090   Schedule of ((fines)) fees and charges.   (((1) Fines. The schedule of fines and charges is posted at the circulation desk and is available through the office of the director of the library. All patrons are subject to uniform application of this schedule. There are no fines levied for overdue materials that are in regular circulation. Fines are charged for overdue reserve, overnight, reference and special collections materials as follows:

     (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.]


AMENDATORY SECTION(Amending WSR 92-15-115, filed 7/21/92, effective 8/21/92)

WAC 132I-168A-100   Appeals of ((fines)) fees and charges.   (1) Library patrons wishing to appeal ((fines)) fees and/or charges assessed by the library may do so by completing library forms found at the circulation desk. Completed forms are to be filed with ((a librarian at)) the director of circulation services at the plaza level circulation desk. Failure to file this form within ((twenty library)) one day((s)) of the assessment of the fine or charge in question or within ((twenty)) one day((s)) of the time the library patron was made aware of the ((fine)) fee or should have been aware of the ((fine)) fee shall be deemed a waiver of the right to appeal.

     (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 ((appropriate 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 final.

[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.]


REPEALER

     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.

Legislature Code Reviser 

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