WSR 05-17-037

PROPOSED RULES

COLUMBIA BASIN COLLEGE


[ Filed August 8, 2005, 9:09 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-072.

     Title of Rule and Other Identifying Information: Regulations on use of college facilities, WAC 132S-50-010 through 132S-50-280.

     Hearing Location(s): Columbia Basin College Administration Building Board Room, on September 27, 2005, at 1-3 p.m.

     Date of Intended Adoption: October 10, 2005.

     Submit Written Comments to: Louise Meyers, Columbia Basin College, 2600 North 20th Avenue, Pasco, WA 99301, e-mail lmeyers@columbiabasin.edu, fax (509) 546-0404, by September 26, 2005.

     Assistance for Persons with Disabilities: Contact Peggy Buchmiller by September 26, 2005, TTY/TTD (509) 546-0400.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of the proposed changes is to bring clarity to existing rules, update titles and clarify definitions, designate authority to the vice president for administration and to bring into alignment with current college policies.

     Reasons Supporting Proposal: To clarify rules' intent and make corrections of a general housekeeping nature.

     Statutory Authority for Adoption: RCW 28B.50.140(7).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Columbia Basin College, public and governmental.

     Name of Agency Personnel Responsible for Drafting: Ruben Lemos, A-105 Admnistration Building, (509) 547-0511; Implementation: Bill Saraceno, A-252 Admnistration Building, (509) 547-0511 ext. 2248; and Enforcement: Lee R. Thornton, A-271 Admnistration Building, (509) 547-0511 ext. 2201.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Amending WAC 132S-50-010 through 132S-50-280, college facilities, does not have a disproportionate impact which reduced competition, innovation, employment, and new employment opportunities, and threatens the very existence of some small businesses as defined under chapter 10.85 [19.85] RCW.

     A cost-benefit analysis is not required under RCW 34.05.328. Amending WAC 132S-50-010 through 132S-50-280, college facilities, relates only to internal government operations that are not subject to violation by a nongovernmental party. The purpose of amending these rules is to correct typographical errors, make name changes, and clarify or add language to the rule without changing its overall effect.

August 5, 2005

Lee R. Thornton

President


AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-010   Purpose.   Columbia Basin College exists as a facility which must provide for the needs of a community as expressed in the geographical boundaries of Benton and Franklin counties. Beyond its initial charge of education and training of people, there rests an additional responsibility to provide maximum use of its physical facilities for institutional and community use. It shall be the policy of Columbia Basin College to offer its physical facilities for group use on a priority basis as follows:

     (1) Instructional activities:

     (2) Student activities:

     (3) Community activities.

Each group must abide by rules and regulations of use which shall be determined by the administration. Instructional and student groups must make an application in advance of the intended date of use to avoid scheduling conflicts. Community groups must make application for facility use and ((must)) should make such application at least thirty days prior to the intended date of use.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-010, filed 10/11/82. Formerly WAC 132S-136-010.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-020   Regulations regarding use of college facilities.   The specific use of school facilities shall be governed by the regulations consistent with the intent of the policy. Primary consideration shall be given at all times to activities specifically related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching, research or public service programs. These regulations shall be as follows:

     (1) Requests for facility use must be submitted by means of a facility use form to the business office of Columbia Basin College.

     (2) A ((paid)) Columbia Basin College employee must be assigned to the building during the scheduled time the facility is to be used.

     (3) The administration reserves the right to deny or cancel any application for use when such use, or meeting, may in any way be prejudicial to the best interest of the school or for which satisfactory sponsorship is not provided. Review of such action may be carried to the board of trustees. The college may deny or cancel use of its facilities to any individual, group or organization if the requested use would:

     (1) interfere or conflict with the college's instructional, student services, or support programs,

     (2) interfere with the free flow of pedestrian or vehicular traffic on campus;

     (3) involve illegal activity;

     (4) create a hazard or result in damage to college facilities; or

     (5) create undue stress on college resources.

     (4) Applications for college facility use which may be considered a major policy decision not fully covered by this existing policy statement may be referred directly to the administration for disposition. Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates a likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff regarding use of the facilities.

     (5) Rental charges shall be levied per twenty-four hour setting on the following basis:


AMENDATORY SECTION (Amending Order 82-1, filed 10/11/82)


(a) Instructional use - Wherein facility is used

for instructionally related activities, either

by the college or by another post-secondary

institution . . . . . . . . . . . . NO CHARGE
(b) Student use - Where the use has been sche-

duled through the student activities office

and is primarily for an activity that directs

itself toward the benefit of Columbia Basin

College ASB card holders . . . . . . . . . . . . NO CHARGE
(c) Community activities - All other uses which are noninstructional and nonstudent sponsored:
     Category I - Use which results in a community benefit and is usually arranged for by a nonprofit civic organization . . . . Charge to be determined by the ((Business Office)) vice president of administration to cover expenses.
     Category II - Use by nonprofit community groups ((for a private or profit return)) . . . . . . . . The schedule for such rentals shall be as follows:
(1) ((Little)) Theater $125.00 plus additional set up fees
(2) ((Little)) Theater

(with specialized equipment)

 $150.00 plus additional set up fees
(3) Gym $100-$500 plus additional set up fees
(4) Soccer Fields/Baseball Fields $300-$500 plus additional set up fees
(5) ((Lounge $ 75.00))
(5) Lecture room $ 30.00 plus additional set up fees
(6) Classroom $ 15.00 plus additional set up fees
(7) Conference room $30-300/day plus additional set up fees
(8) HUB $75.00 plus additional set up fees
(9) Byron Gjerde Multipurpose Center TBD by ASCBC
(10) Byron Gjerde Atrium Area TBD by ASCBC

     The base rate for facilities will be adjusted periodically only as allowed by law. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved in writing by the administration.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-020, filed 10/11/82. Formerly WAC 132S-136-020.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     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 Order 82-1, filed 10/11/82)

WAC 132S-50-024   Commercial activities.   The primary mission of institutions of higher education is the creation and dissemination of knowledge. Institutions of higher education must be mindful that in providing goods and services for fees, they may be competing with local private businesses. To promote the mission of Columbia Basin College, it is often necessary to engage in commercial activities that provide goods and services that meet special needs of students, faculty, staff and members of the public who participate in college activities and events. The college shall comply with chapter 28B.63 RCW, which establishes standards for colleges to follow in conducting commercial activities. (RCW 28B.63.010)

     Columbia Basin College may engage in the providing of goods, services, or facilities for a fee only when such are directly and substantially related to the education mission of the college. Fees charged for goods, services, and facilities shall reflect their full direct and indirect costs, including overhead, and shall take into account the price of such items in the private marketplace.

     In general, the facilities of the college shall not be rented to or used by, private or commercial organizations or associations, nor shall the facilities be rented to persons or organizations conducting programs for private gain. Columbia Basin College facilities will not be used for commercial solicitation, advertising, or promotional activities except when such activities clearly serve educational objectives, including but not limited to display of books of interest to the academic or career oriented community or the display or demonstration of technical or research equipment, extracurricular programs, including food services, athletic and recreational programs, and performing arts programs, and when such commercial activities related to educational objectives and are conducted under the sponsorship or at the request of a college department or of the ((dean of student services)) vice president of administration or ((his)) designee; provided that such solicitation does not interfere with, or operate to the detriment of, the conduct of college affairs or the free flow of pedestrian or vehicular traffic.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-024, filed 10/11/82. Formerly WAC 132S-138-010.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     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 Order 82-1, filed 10/11/82)

WAC 132S-50-025   Commercial activities defined.   For the purposes of this chapter, the term "commercial activities" does not include handbills, leaflets, or newspapers distributed free of charge by any Columbia Basin College student or students or by members of recognized Columbia Basin College student organizations or by Columbia Basin College ((college)) personnel that are distributed in a manner that does not unreasonably interfere with the ingress and egress of persons or the free flow of vehicular or pedestrian traffic, nor does it include commercial items sold through the college bookstore or any other facility at the direction of the ((business manager)) vice president of administration.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-025, filed 10/11/82. Formerly WAC 132S-138-020.]



[AMENDATORY SECTION (Amending Order 82-1, filed 10/11/82)]WAC 132S-50-026   Penalties for violations of commercial activities regulations.   Nonstudent persons violating the provisions of this chapter may be referred to civil authorities for appropriate prosecutions, including violations of the law of criminal trespass.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-026, filed 10/11/82. Formerly WAC 132S-138-030.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-027   Distribution of materials.   (((1) Handbills, leaflets, newspapers and similar related matter may be sold or distributed free of charge by any student or students or by members of recognized student organizations or by college employees on or in college facilities at locations specifically designated by the director of activities; provided such distribution or sale does not interfere with the ingress and egress of persons, or interfere with the free flow of vehicle or pedestrian traffic.

     (2) Such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual.

     (3) All nonstudents shall be required to register with the director of activities prior to the distribution of any handbill, leaflet, newspaper or related matter. Nonstudents shall not be allowed to sell handbills, leaflets, newspapers or related matter.

     (4) Permission for the posting or display of handbills, leaflets, newspapers, posters and similar related matter on college facilities must be granted by the dean of students or in such dean's absence by the director of student activities. Permission for such posting or display will be given only if such material is:

     (a) Written and presented in good taste;

     (b) Designed to attract attention rather than incite emotion; and

     (c) Consistent and factual in content.))

(1) The college reserves the right to control and regulate the distribution of materials which might interfere with the college's educational mission.

     (2) Permission for the posting, display or distribution of handbills, leaflets, newspapers, posters and similar related matter on college facilities must be obtained from the vice president of administration or designee. Permission for such posting or display will be given only if such material meets the following criteria:

     (a) Must not be commercial, obscene or unlawful in nature;

     (b) Must not interfere with the ingress and egress of persons, or interfere with the free flow of vehicle or pedestrian traffic, or the orderly administration of college affairs, or cause an interruption of classes.

     (c) Each of such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual, as well as the date when posted materials will be removed from the property.

     (3) Students/college employees

     Handbills, leaflets, newspapers and similar related matter may be sold or distributed free of charge by any Columbia Basin College student or students or by members of recognized Columbia Basin College student organizations or by Columbia Basin College employees on or in Columbia Basin College facilities at locations specifically designated by the director of student programs; provided such distribution or sale meets the criteria listed above (1a-c).

     (4) Nonstudents Persons and organizations not connected with the college may not distribute handbills, leaflets, newspapers and similar materials.

     (5) Any distribution of materials as authorized by the office of the vice president for administration and regulated by established guidelines shall not be construed as support or approval by the college community or the board of trustees.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-027, filed 10/11/82. Formerly WAC 132S-12-100.]

     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.
NEW SECTION
WAC 132S-50-028   General policies limiting use   (1) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities. Rules, regulations, policies, procedures and practices regarding the use of college facilities shall not discriminate or promote discrimination among political parties, groups or candidates solely on the basis of their particular political viewpoint.

     (2) Activities of commercial or political nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples or brochures outside rooms or facilities to which access may be granted.

     (3) No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law concerning interference with the mail.

     (4) Religious groups shall not, under any circumstances, use the college facilities as a permanent meeting place. Use shall be intermittent only, so as not to imply College endorsement.

     (5) College facilities are available to all recognized CBC student groups and CBC faculty or staff organizations, subject to these general policies, except as provided in WAC 132S-50-029(1), and to the rules and regulations of the college governing student, faculty and staff affairs.

     (6) The college reserves the right to prohibit the use of college facilities by groups which restrict membership or participation in a manner inconsistent with the college's commitment to nondiscrimination as set forth in its written policies and commitments.

[]


NEW SECTION
WAC 132S-50-029   Liability for damage   The lessee of college facilities, including agreement signatories and individual organization leaders, shall be liable for any damage to college property occurring or having apparently occurred during the time the facility was being used by the organization. The lessee also agrees to hold harmless and indemnify Columbia Basin College, its agents, employees, officers, trustees, students and/or attorneys for any claim made against the college as a result of the lessee's use of college facilities. The college reserves the right to require using organizations to purchase insurance, naming the college as the insured, and may specify the amount of that insurance.

[]


AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-040   Traffic and parking -- Definitions.   The words used in this chapter shall have the meaning given in this section, unless the context clearly indicates otherwise.

     (1) "Board" shall mean the board of trustees of Community College District No. 19, State of Washington.

     (2) "Campus" shall mean any or all real property owned, operated, or maintained by Community College District No. 19, State of Washington.

     (3) "College" shall mean Columbia Basin Community College.

     (4) "Faculty members" shall mean any employee of Community College District No. 19 who is certified to teach in a community college in the State of Washington.

     (5) "Campus patrolman" shall mean an employee of the college, or a law enforcement student, who is responsible to the ((dean of student services)) vice president of administration for campus security.

     (6) "Staff" shall mean the classified employees of Washington State Community College District No. 19.

     (7) "Vehicle" shall mean an automobile, truck, motor driven cycle, scooter, or any vehicle empowered by a motor.

     (8) "Visitors" shall mean any person or persons, excluding students as defined above, who come upon the campus as guests and any person or persons who lawfully visit the campus for the purposes which are in keeping with the college's role as an institution of higher learning in the State of Washington.

     (9) "Permanent permits" shall mean permits which are valid for a school term and shall be obtained from the ((cashier's)) plant operations office at the fee set by the Board of Trustees.

     (10) "School term" shall mean, unless otherwise designated, the time period commencing with the fall quarter of a community college teaching year and extending through the immediate subsequent winter and spring quarters. It shall not include, however, summer school sessions.

     (11) "Temporary permits" shall mean permits which are valid for a specific period of time designated on the permit.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-040, filed 10/11/82. Formerly WAC 132S-116-030.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-060   Special traffic and parking regulations and restrictions authorized.   Upon special occasions causing additional heavy traffic, during emergencies, or during construction of campus facilities, the ((dean of student services or his appointed designee,)) vice president of administration or designee is authorized to impose additional traffic and parking regulations or modify the existing rules and regulations for the achievement of the general objectives provided in WAC 132S-50-050.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-060, filed 10/11/82. Formerly WAC 132S-116-190.]

     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 Order 82-1, filed 10/11/82)

WAC 132S-50-070   Traffic and parking -- Enforcement.   (1) Enforcement of the parking rules and regulations will begin the first day of the first week of full classes of the fall quarter and will continue until the end of spring quarter. These rules and regulations will not be enforced during summer quarter, Saturdays, Sundays, and official college holidays.

     (2) The ((dean of student services, or his designee)) vice president of administration or designee, shall be responsible for the enforcement of the rules and regulations contained in this chapter. The ((dean of student services)) vice president of administration is hereby authorized to delegate this responsibility to the campus patrolman or other designated subordinates.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-070, filed 10/11/82. Formerly WAC 132S-116-230.]


AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-075   Fines, penalties and issuance of traffic tickets.   Fines will be levied for parking violations that occur on CBC campus. A schedule shall be published in the CBC Student Handbook and on the parking citation form, and a copy of the fine schedule shall be available in the security office. Upon the violations of any of the rules and regulations contained in this chapter, the ((dean of student services, his designee)) vice president of administration, or designee or subordinates, may issue a summons or traffic ticket setting forth the date, the approximate time, permit number, license information, infraction, officer, and schedule of fines. Such summons or traffic tickets may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-075, filed 10/11/82. Formerly WAC 132S-116-240.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-080   Traffic and parking -- Fines and penalties.   The ((dean of student services or his designee)) vice president of administration or designee, is authorized to impose the following fines and penalties for the violation of the rules and regulations contained in this chapter:

     (1) Except as provided under subsection (2) of this section, fines will be levied for all violations of the regulations contained in this chapter.

     (2) Vehicles which are parked on any campus within Community College District No. 19 and which are in violation of any of the regulations contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the ((dean of student services)) vice president of administration. If a vehicle is impounded, it may be taken to such place for storage as the ((dean of student services)) vice president of administration or ((his)) designee selects. The expenses 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 impounding and storage.

     (3) At the discretion of the ((dean of student services)) vice president of administration, an accumulation of traffic violations by a student will be cause for disciplinary action, and the ((dean of student services)) vice president of administration shall initiate disciplinary proceedings against such student.

     (4) A schedule of fines shall be set and reviewed ((annually)) by a committee of students appointed by the ((dean of students)) vice president of administration. This schedule shall be published in the student handbook, summary of parking regulations, and traffic summons form.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-080, filed 10/11/82. Formerly WAC 132S-116-250.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-085   Authorization for issuance of parking permits.   The ((dean of student services or his appointed designee)) vice president of administration or designee is authorized to issue parking permits to faculty members and staff members of the college pursuant to the following regulations:

     (1) Faculty and staff members may be issued parking permits upon the registration of their vehicles at the beginning of fall quarter; provided that new faculty and staff members employed during the regular academic year may be issued parking permits upon the registration of their vehicles at the time they begin their employment at the college.

     (2) The ((dean of student services or his designee,)) vice president of administration or designee may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-085, filed 10/11/82. Formerly WAC 132S-116-050.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

[AMENDATORY SECTION (Amending Order 82-1, filed 10/11/82)]WAC 132S-50-090   Valid parking permit.   A valid parking permit is:

     (1) An unexpired parking permit registered and properly displayed;

     (2) A temporary parking permit authorized by the ((dean of student services or his designee)) vice president of administration or designee, and properly displayed;

     (3) A special parking permit authorized by the ((dean of student services or his designee)) vice president of administration or designee, and properly displayed;

     (4) A visitor's permit authorized by the ((dean of student services or his designee)) vice president of administration or designee, and properly displayed; or

     (5) A shop permit authorized by a vocational-technical instructor and properly displayed.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-090, filed 10/11/82. Formerly WAC 132S-116-060.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-100   Transfer of parking permits.   Parking permits are ((not)) transferable. If a vehicle is sold or traded, ((a new permit will be issued to)) the permit holder may transfer the parking permit to the new vehicle if the vehicle is registered with the plant operations office when it is first driven onto campus. ((at no additional cost if the permit holder does the following

     (1) Records permit number;

     (2) Removes permit from vehicle which has been traded or sold.))

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-100, filed 10/11/82. Formerly WAC 132S-116-080.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

[AMENDATORY SECTION (Amending Order 82-1, filed 10/11/82)]WAC 132S-50-110   Parking permit revocation.   Parking permits are the property of the college and may be recalled by the ((dean of student services)) vice president of administration for any of the following reasons:

     (1) When the purpose for which the permit was issued changes or no longer exists;

     (2) When a permit is used by an unregistered vehicle or by an unauthorized individual;

     (3) Falsification on a parking permit application;

     (4) Continued violations of parking regulations; or

     (5) Counterfeiting or altering a parking permit.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-110, filed 10/11/82. Formerly WAC 132S-116-090.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-115   Parking permit revocation -- Hearing provided.   Cancellation or revocation of any parking permit because of any of the causes stated in WAC 132S-50-110 (2) through (5) may be appealed to the ((dean of student services)) vice president of administration, who shall then refer the matter to a hearing before a special hearing officer designated by the ((dean of student services)) vice president of administration. The hearing shall conform to the due process requirements of the Columbia Basin College student code and the decision of the hearing officer shall be final. The same appeal procedure as above shall be utilized in the case where the revoked permit has been held by an administrator or faculty member.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-115, filed 10/11/82. Formerly WAC 132S-116-100.]

     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.

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-120   Allocation of parking space.   The parking space available on campus shall be designated and allocated by the ((dean of student services or his designee)) vice president of administration or designee, in such a manner as will best effectuate the objectives of the rules and regulations in this chapter.

     (1) Faculty and staff spaces will be so designated for their use; provided, physically handicapped students and others designated by the ((dean of student services)) vice president of administration or ((his appointed)) designee may be granted special permits to park in close proximity to the classroom used by such students.

     (2) Parking spaces will be designated for use of visitors on campus.

     (3) Handicap parking spaces will be designated. The allocated parking spaces are exclusively for use by those designated, provided that the appropriate parking permits are obtained by the users and are displayed properly upon their vehicles. People with disabilities - staff, visitors, and students - shall be given parking priority whenever possible within close proximity to offices, classrooms, or access ways. No student or staff member shall park in a handicapped designated parking space without possessing either a Washington state permanent handicapped permit or a CBC temporary handicapped parking permit approved by the vice president of administration or designee. A fine may be imposed for non-handicap users parking in a designated handicap parking space.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-120, filed 10/11/82. Formerly WAC 132S-116-120.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-125   Parking within designated spaces.   (1) All vehicles shall follow traffic arrows and other markings established for the purpose of directing traffic on campus.

     (2) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing head in.

     (3) In areas marked for parallel or right-angle parking, space or stall markings will be observed, and vehicles will park facing head in.

     (4) 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 of more than one space or stall shall not constitute an excuse for a violation of this section.

     (5) No vehicle shall be parked on the campus except in those areas set aside and designated pursuant to WAC 132S-50-120.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-125, filed 10/11/82. Formerly WAC 132S-116-130.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-140   Regulatory signs and directions.   The ((dean of student services or his appointed designee,)) vice president of administration or designee 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 in the opinion of the ((dean of student services, or his designee)) vice president of administration or designee, will best effectuate the rules and regulations contained in this chapter. 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 patrolman in the control and regulation of traffic.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-140, filed 10/11/82. Formerly WAC 132S-116-160.]


AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-160   Report of accidents.   The operator of any vehicle involved in an accident on campus resulting in injury to, or death, of any person or total of claimed damage to either or both vehicles exceeding one hundred dollars, shall immediately report such accident to the ((dean of student services)) vice president of administration and shall within twenty-four hours after such accident, file a State of Washington motor vehicle accident report.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-160, filed 10/11/82. Formerly WAC 132S-116-210.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-170   Delegation of authority.   The authority and powers conferred upon the ((dean of student services)) vice president of administration by these regulations shall be subject to delegation ((by him)) to ((his)) appointed designees.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-170, filed 10/11/82. Formerly WAC 132S-116-270.]


AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-185   Pet control.   In order to assure the health and safety of all persons on properties owned or controlled by Columbia Basin College, the following rules and regulations regarding pet control are hereby promulgated: No person will be permitted to bring any pet upon properties owned or controlled by Columbia Basin College unless such pet is a service dog as defined in RCW 70.84.020 and is under the immediate control of such person. ((provided, however, under no circumstances will pets be permitted to enter into buildings owned or controlled by Columbia Basin College, except)) Only service dogs as defined in RCW 70.84.020 will be permitted to enter buildings owned or controlled by Columbia Basin College.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-185, filed 10/11/82. Formerly WAC 132S-124-020.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 82-1, filed 10/11/82)

WAC 132S-50-195   ((Smoking regulations for campus buildings.   Smoking of tobacco substances are subject to the provisions of this chapter, insofar as it designates where such smoking is permitted or prohibited.

     (1) Smoking is permitted in the following areas:

     (a) Office (at the discretion of the assigned occupants);

     (b) Meeting rooms (at the option of the group);

     (c) Lounges;

     (d) Public lavatories;

     (e) Designated corridors.

     (2) The president of Columbia Basin College or his designee may prohibit smoking in the following areas:

     (a) Classrooms during scheduled classes;

     (b) Laboratories;

     © Library;

     (d) Auditoriums;

     (e) Storerooms;

     (f) Places deemed fire hazard areas by the city of Pasco fire department.

     (3) The responsibility of fire prevention is the smokers.))

Smoke and Tobacco-Free Environment.

     (1) Smoking and tobacco products are not allowed inside any building or vehicle operated by Columbia Basin College.

     (2) Smoking materials and related tobacco supplies will not be available for sale or vended on the campuses.

     (3) Smoking and tobacco use by students and nonstudents, including visitors, are prohibited within at least 50 feet of building openings (i.e., doors, air intakes, windows), and spaces near outdoor work areas.

     (4) Smoking is prohibited in any location where the airflow carries smoke directly into a facility work area.

     (5) Smokers must dispose of smoking and tobacco refuse in ash cans or other containers specifically designed and placed for such disposal.

     (6) CBC shall ensure, through proper posting, that outside smoking and tobacco use areas are at least 50 feet from doorways and air intakes.

     (7) Any student, staff or faculty member who violates the college smoking policy may be subject to disciplinary action. In addition, violations of the college smoking policy may be subject to enforcement by the Pasco Police Department.

[Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. 82-21-012 (Order 82-1), § 132S-50-195, filed 10/11/82. Formerly WAC 132S-125-010.]

     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.

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

© Washington State Code Reviser's Office