Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-09-008.

     Title of Rule and Other Identifying Information: Amendment of chapter 504-14 WAC, Campus traffic and parking regulations for Washington State University Spokane.

     Hearing Location(s): Washington State University, Phase 1 Building, Room 131, Spokane, Washington, on February 27, 2008, at 12:30 p.m.

     Date of Intended Adoption: March 21, 2008.

     Submit Written Comments to: Ralph T. Jenks, Director and University Rules Coordinator, Office of Procedures, Records, and Forms, P.O. Box 641225, Pullman, WA 99164-1225, e-mail Jenks@wsu.edu, fax (509) 335-3969, by February 28, 2008.

     Assistance for Persons with Disabilities: Contact Linda Nelson by February 22, 2008, (509) 335-3928.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update and clarify the campus traffic and parking regulations.

     Reasons Supporting Proposal: Amendments are necessary to update and clarify regulations.

     Statutory Authority for Adoption: RCW 28B.30.150.

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

     Name of Proponent: Washington State University, public.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jon Schad, Director, Facilities Operations, WSU Spokane, (509) 358-7991.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

January 23, 2008

Ralph T. Jenks, Director

Procedures, Records, and Forms and

University Rules Coordinator

OTS-1292.3

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-010, filed 8/24/01, effective 9/24/01.]

     (((1))) (a) Expedite university business and provide maximum safety, order, and ((convenience)) access;

     (((2))) (b) Regulate parking, with priority given to:

     (((a))) (i) Services of the campus((,));

     (((b))) (ii) Persons who ((need)) require the use of vehicles in connection with their on-campus work((,)); and

     (((c))) (iii) Staff and students who ((need)) require the use of private vehicles because of a disability or other approved reason;

     (((3))) (c) Provide and maintain suitable campus parking and ((traffic facilities)) transportation systems; and

     (((4))) (d) Provide incentive for participation in the commute trip reduction program.

     (2) The chancellor or designee whose responsibilities include supervision of the parking department shall have the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-020, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-030, filed 8/24/01, effective 9/24/01.]

     (1) The motor vehicle and other traffic laws ((and regulations)) of the state of Washington (Revised Code of Washington); and

     (2) ((The WSU Spokane parking and traffic regulations;

     (3) The motor vehicle and other traffic laws and regulations of the City of Spokane.)) Chapter 504-14 of the Washington Administrative Code.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-040, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-050, filed 8/24/01, effective 9/24/01.]

     (1) Campus. Describes all property owned, leased, and/or controlled by the WSUS ((Spokane)) campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of ((WSU Spokane)) the university.

     (2) Day. Unless otherwise specified, the term "day" refers to a calendar day.

     (3) Disability parking. See persons with disability.

     (4) Disability zone. A parking zone designated for exclusive use by persons with disability and identified with a sign bearing the associated international ((disability)) symbol ((that is restricted at all times to use by vehicles bearing a valid WSU disability parking permit or indicator, or any state-issued disability parking permit)).

     (((3))) (5) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.

     (6) Holiday (((WSU Spokane holiday). A day when all campus facilities are generally closed (e.g., Thanksgiving Day, Christmas Day, New Year's Day). Vacation days are not considered holidays. See definition of vacation)). See university holiday.

     (((4))) (7) Illegal use of permit. A parking violation in which a ((citation)) parking ticket is issued under the following circumstances:

     (a) Use of a parking permit((/)) or indicator on ((an unspecified)) a vehicle other than the specified vehicle identified by a license plate number on the permit.

     (b) Use of a counterfeit parking permit((/)) or indicator.

     (c) Use of a parking permit((/)) or indicator obtained under false pretenses.

     (d) Use of a modified parking permit((/)) or indicator.

     (e) Use and/or retention of a parking permit((/)) or indicator by person(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.

     (((5))) (8) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.

     (9) Indicator. A ((vinyl, plastic, or paper instrument)) decal or hanger displayed adjacent to a parking permit which ((more clearly)) defines ((the)) additional parking areas available to a permit holder.

     (((6))) (10) Loading zone. A loading dock, or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.

     (((7))) (11) Moped. Any two-wheeled or three-wheeled motor vehicle with an engine displacement of ((50 cc)) 50cc or less.

     (((8))) (12) Motorcycle. Any two-wheeled or three-wheeled motor vehicle with an engine displacement greater than ((50 cc)) 50cc.

     (((9))) (13) Motor vehicle. All motor-driven conveyances except wheelchairs. Also referred to as "vehicle" in this chapter.

     (((10))) (14) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow ((or red)).

     (((11))) (15) Officer. Any parking or campus security official employed by the university who is designated by the parking administrator or chancellor to place and remove wheel locks or to cause vehicles to be towed under this chapter.

     (16) Owner. The person registered with any state as the present owner of a vehicle in the most current registration records available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator has received actual written notice of the transfer.

     (17) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.

     (((12))) (18) Parking administrator. The manager in charge of the parking department or designee.

     (19) Parking appeals committee. Any person or persons appointed to consider parking violations and the application of fees, fines, and sanctions. Said person or persons are appointed by the vice-chancellor whose responsibilities include supervision of the parking department or designee.

     (20) Parking department. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities; enforcing the parking regulations; and coordinating commute trip reduction efforts for the WSUS campus.

     (21) Parking meter. A single fixed device that typically requires payment and limits the amount of time a vehicle can park in a single space. Also referred to as "meter" in this chapter. A parking meter is not a parking payment device.

     (22) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on the campus. A parking payment device is not a parking meter.

     (23) Parking permit. A vinyl, plastic, ((or)) paper, or other instrument sanctioned by ((WSU Spokane)) the parking department that is displayed from a vehicle and authorizes parking in specified areas. Also referred to as "permit" in this chapter.

     (((13) Public safety. Includes but is not limited to WSU Spokane public safety and others designated as parking enforcement.

     (14))) (24) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.

     (25) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances.

     (26) Persons with disability. For the purpose of this chapter persons with disability shall refer to a person or persons with disability or disabilities who qualify for a state-issued persons with disability parking identification and permit.

     (27) Service vehicle. A vehicle used to provide a service for WSUS ((Spokane)) or a tenant or contractor of WSUS ((Spokane)) (e.g., a university-owned vehicle or a privately owned vehicle with a valid service ((permit)) vehicle authorization displayed).

     (((15))) (28) Service zone. Parking spaces or area designated for the use of ((university)) service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones on an occasional basis for a maximum of fifteen minutes, except for vehicles that display a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.

     (((16))) (29) Staff. For the purposes of these regulations, "staff" includes all ((faculty, classified staff, administrative and professional employees, temporary employees, and other support personnel employed by the university, and the personnel of other activities located)) nonstudent employees of the university and the nonstudent employees of other entities located on, or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university, or other entities located on, or regularly doing business on campus, are not "staff." They are considered ((as)) to be students for the purpose of these rules.

     (((17))) (30) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.

     (31) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.

     (32) Student. ((Any person who has been admitted to WSU or to another affiliated academic institution, and who is either attending classes or actively pursuing a degree or certificate.)) The term student includes all persons who are not staff who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more class.

     (((18))) (33) Summer session. The summer session includes all summer ((school)) sessions beginning on the first day of the earliest session, and ending on the last day of the latest session.

     (((19))) (34) University. Refers to Washington State University Spokane.

     (35) University holiday. A day regarded by the university as an official university holiday.

     (36) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.

     (37) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of WSUS ((Spokane)) typically are open during this time.

     (((20) Vehicle. See motor vehicle.

     (21))) (38) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.

     (((22))) (39) Wheel lock. A device used to temporarily immobilize a motor vehicle (((i.e., on-the-spot impoundment))). Wheel locked vehicles are considered to be impounded in place and subject to storage fees.

     (40) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking department. A vehicle remains on the wheel lock-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (41) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than thirty days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains wheel lock-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-100, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-200, filed 8/24/01, effective 9/24/01.]

     (1) Parking permit areas((:)). All parking permit zones are limited to authorized permit holders ((during specific)) all hours. These hours are posted in each parking ((zone either)) area at the entrance ((to parking areas or along roadways where parking is marked. Restricted spaces are enforced at all times)).

     (2) Restricted spaces((:)). These spaces are restricted for their designated purpose at all times (((twenty-four hours a day, seven days a week))) unless signed otherwise:

     (a) Disability zones.

     (b) Load/unload.

     (c) Service.

     (d) Reserved.

     (e) Reserved (bagged) parking meters.

     (f) Areas which are specially signed ((areas)) or physically set apart by barricades, traffic cones, tape, or other traffic devices.

     (3) Parking metered spaces((:)). Parking meters are in effect during the times posted on each meter. During these times the meter must be paid the posted amount. Additional time cannot be purchased beyond the meter's posted maximum time limit (e.g., a thirty-minute meter ((will)) allows a maximum of thirty minutes to be purchased at one time). A motor vehicle which is parked at an expired parking meter is considered in violation initially, and after each period equal to the maximum time posted for the meter. In such case a parking ticket may be issued for each violation. For example, a vehicle parked at a meter with a two-hour maximum time limit for six hours and five minutes of CONTINUOUS unpaid parking at the same meter would be eligible for up to three parking tickets.

     (4) Pay parking facilities. Some parking areas provide parking on an hourly basis. Hours of operation and a schedule of fees are posted at the facility entrance and at the point of payment. Parking tickets are issued to vehicles that are parked over the duration of time that was paid and for nonpayment. Parking areas with parking meters are not considered pay parking facilities.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-210, filed 8/24/01, effective 9/24/01.]

     (2) Individual parking spaces are marked, and no vehicle may be parked so as to occupy any portion of more than one parking space. The fact that other vehicles were parked in a manner requiring a vehicle to occupy a portion of more than one space shall not constitute an excuse for a violation of this ((rule)) regulation.

     (3) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.

     (4) Permit areas and restricted spaces are not always signed individually.

     (5) Standing (the stopping of a vehicle with the driver remaining in it) is permitted in marked parking spaces, except metered spaces and restricted spaces, even though the vehicle does not have a valid parking permit. Double parking while "standing" is not permitted.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-220, filed 8/24/01, effective 9/24/01.]

     (2) ((Motorcycles and mopeds: Motorcycles and mopeds may park only in spaces which are marked by signs or the letter "M" painted on the parking surface. Motorcycles and mopeds must display a valid WSU Spokane motorcycle permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only.)) The university classifies mopeds and motorcycles by engine displacement (also referred to as engine size). This definition applies only to university property and does not replace or supersede the definitions established by the state of Washington for licensing purposes.

     (3) Mopeds. Mopeds may park in any parking area with a valid parking permit or at any bicycle rack unless the rack is signed to exclude mopeds.

     (4) Motorcycles. Motorcycles must display a valid university parking permit at all times.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-250, filed 8/24/01, effective 9/24/01.]

     (a) Registered with ((WSU Spokane public safety,)) the parking department; and/or

     (b) Displaying the ((registrant's)) registered parking permit holder's permit.

     (2) Owners of vehicles ((will be)) are held ((primarily liable)) ultimately financially responsible for ((citations)) parking tickets issued to their vehicle.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-300, filed 8/24/01, effective 9/24/01.]

     Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-350, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-410, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-420, filed 8/24/01, effective 9/24/01.]

     The ownership of)) A parking permit((s)) is generally not transferable, but exceptions can be made by ((WSU Spokane public safety provided that the)) parking operations as follows:

     (1) A person relinquishing ownership and the eligible purchaser appear in person at ((WSU Spokane public safety)) the parking department when requesting such a transfer;

     (2) The former owner relinquishes all ownership or claim to the permit and pays all outstanding fines; and

     (3) The new owner completes a new application form for the permit.

     ((If a replacement permit is requested, the old permit must be removed and presented to WSU Spokane public safety to be eligible for a replacement or a refund.))

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-440, filed 8/24/01, effective 9/24/01.]

     The permit holder has responsibility for removing parking permits prior to selling or trading a vehicle. The identifiable remnants of the original permit must be presented to ((WSU Spokane public safety)) the parking department to receive a free replacement. Persons failing to comply with this requirement shall pay the cost of a new permit.

     (2) Lost/stolen permits. Permit holders are responsible for the security of their permits. The theft or loss of a parking permit should be reported to ((WSU Spokane public safety)) the parking department immediately upon discovery. A lost or stolen permit ((will)) may be replaced ((once at no cost, but only if a theft report of the permit has been filed in the appropriate police jurisdiction and verified by WSU Spokane public safety. The second time the permit is reported stolen, the replacement fee will be ten dollars; the third time, twenty dollars; and thereafter, the original cost of the stolen permit. A lost permit will be replaced once for ten dollars; the second time, twenty dollars; and thereafter at the original cost of the permit)) upon payment to the parking department of the cost of replacing the permit, according to a schedule adopted by the parking department. Lost or stolen permits must be returned to the ((WSU Spokane public safety office)) parking department immediately if recovered.

     (((3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee will be waived if proof of replacement is presented.))

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-450, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-460, filed 8/24/01, effective 9/24/01.]

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

     (2) A permit is used on an unauthorized vehicle or by an unauthorized person;

     (3) A parking permit application is falsified;

     (4) A counterfeit, modified, or lost/stolen permit is used; or

     (5) The parking permit fee is unpaid.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-470, filed 8/24/01, effective 9/24/01.]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-510, filed 8/24/01, effective 9/24/01.]

     (1) Autos and trucks:

     (a) Hanging permits, both annual and ((temporary)) daily, must be displayed hanging from the rear-view mirror post or placed on the dash of vehicle, driver's side, in a manner permitting visibility from outside at all times.

     (b) ((Transferable cards)) Permits mounted solely by suction cup and ((affixed)) permit decals directly affixed to the windshield must be displayed on the front windshield at the lower left corner (driver's side). Decals must be mounted completely by means of their own adhesive (not by tape).

     (2) Motorcycles ((and mopeds: Motorcycle and moped permits must be mounted completely by means of their own adhesive and prominently displayed on the left rear side of the vehicle or on top of the rear tail light)) must display a valid permit at all times.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-520, filed 8/24/01, effective 9/24/01.]

     (1) Green permits. Green permit holders may park in their assigned green zone, or in any yellow or red zone.

     (2) Yellow permit. Yellow permit holders may park in their assigned yellow zone, or in any red zone.

     (3) Red permit. Red permit holders may park in the red zone.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-540, filed 8/24/01, effective 9/24/01.]

     (2) Golden cougar permits((:)). Golden cougar permits are special visitor permits that are issued to retired ((faculty and)) staff ((free of charge)) in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone. ((Faculty and)) Staff who ((remain regularly)) are employed by the university or by other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit. Comparable permits from other campus institutions will be honored.

     (3) President's associates decals((:)). President's associates decals are issued to eligible members of the ((WSU)) Washington State University foundation. They are valid in any zone. However, ((WSU)) university faculty, staff, and students may not use a president's associates decal in lieu of a paid zone permit.

     (4) Conference permits((:)). Conference permits are available to visitors who participate in conferences held on the WSUS ((Spokane)) campus. They are available on a daily basis only. Conference permits ((are valid in any)) may be assigned to a specific zone.

     (5) ((Motorcycle permits: Motorcycle permits are valid within boundaries of areas specifically posted and/or marked for motorcycle permits.

     (6))) Construction permits((:)). A construction permit is issued to personnel who are working on a construction site on campus. Construction permits are available on an annual or daily basis and are assigned to a specific parking area.

     (((7))) (6) Carpool((:)). Upon ((completion of)) application, a bona fide carpool((s)) with ((three)) four or more participants ((will be)) is given preference in the assignment of parking zones, and ((will be)) issued a permit ((instrument)) that ((will)) facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-560, filed 8/24/01, effective 9/24/01.]

     (1) A "service" indicator decal((s/)) or hanger((s which are)) is valid typically for a maximum of fifteen minutes in a marked service zone. ((A separate mall service indicator allows a maximum of fifteen-minute parking in the pedestrian mall. These are available to staff or students who must use a private vehicle for university business.))

     (2) A reserved parking indicator decal((s/)) or hanger((s which are)) is valid in parking spaces that are signed for the corresponding permit and indicator.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-580, filed 8/24/01, effective 9/24/01.]

     Staff and students must obtain temporary disability forms from WSU Spokane public safety. These disabled parking privileges will be granted only after submission of the forms that show the applicants meet criteria established by the ADA. The forms must be completed by health care providers. WSU Spokane public safety will not accept substitute forms or letters.)) (1) The provisions of this chapter cover the purchase and display of parking permits and payment of fees and fines associated with parking for persons with disability.

     (2) For the purpose of this chapter, persons with disability shall refer to a person or persons with disability who qualify for a state-issued persons with disability parking identification and permit.

     (3) Persons with disability desiring to purchase a university parking permit must present a valid state-issued persons with disability parking identification.

     (4) Unless otherwise authorized or permitted under this chapter, parking in spaces designated for persons with disability requires a valid university parking permit and state-issued persons with disability parking permit to park on campus.

     (5) A person with disability is eligible to purchase a green permit at the red permit zone price.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-600, filed 8/24/01, effective 9/24/01.]

     (2) Payments. Parking fees and fines may be paid at the parking department by cash, check, approved payment card, or money order. A payroll deduction plan is available for eligible university employees and eligible graduate students.

     (3) The proper fee must be paid for all vehicles parking in parking meter spaces unless otherwise authorized.

     (4) Staff members whose work schedules qualify them for nighttime differential pay may purchase the green zone permit for the red zone permit price.

     (5) Refunds. Annual permits being relinquished may be returned to the parking department for a pro rata refund in accordance with university policy. Identifiable remnants of the permit must be returned. The balance of any fees and fines owed the parking department is deducted from any refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.

     (6) The parking department makes a wide array of options available in advance to university departments for use by their visitors, guests, and employees for the purpose of conducting departmental business. However, when necessary, university departments that can establish in writing that a parking ticket issued by the parking department was received as a result of parking any vehicle for the purpose of conducting official state business, or while conducting official business with the university or any entity located at the university are assessed a parking fee assessment (PFA) in lieu of the parking fine. Such requests for PFAs are signed by a department fiscal custodian. A PFA consists of the maximum daily parking fee plus an additional administrative fee for failing to purchase and provide the necessary parking permit or fee in advance or at the time of parking. University departments are encouraged to avoid additional administrative fees associated with PFAs by purchasing and storing prepaid parking permits and by making them available as the department deems necessary. Nothing in this regulation allows a university employee to receive, or attempt to receive, any benefit associated with his or her personal expenses in violation of the State Ethics Act. All questionable employee conduct regarding the application of this section is reported to, and investigated by, the university internal auditor. This section applies only to parking tickets issued pursuant to this chapter.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-650, filed 8/24/01, effective 9/24/01.]

     (2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the WSUS campus or employees of other entities located on the WSUS campus must display a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid WSUS permit may result in a fine for illegal use of a parking permit.

[]

     (2) Reduction of fines((: Fines for violations of overtime/nonpayment at meter and overtime in time zone paid within twenty-four hours will be reduced by one-half)).

     (a) The fine for "meter violation" and the fine for "overtime in a timed zone" violations are reduced by one-half if paid within twenty-four hours of time of issuance. Eligible violations received on Friday or Saturday can be paid on the following Monday to satisfy the twenty-four-hour requirement. Mailed payment of fines must be postmarked within twenty-four hours to receive the one-half reduction. ((If a permit holder of record neglects to display his/her permit and receives a notice of violation for no parking permit, that fine will be reduced when possession of a valid parking permit for the location is verified by WSU Spokane public safety within twenty-four hours.

     (3))) (b) Visitors((:)). The first violation of notices for "no parking permit" and "no parking permit for this area" issued to a visitor((s are)) is considered a warning notice((s)) upon presentation of the parking ticket to ((WSU Spokane public safety)) the parking department.

     (((4))) (c) If a permit holder of record neglects to display his or her permit and receives a notice of violation for "no parking permit," a reduced fine is assessed when possession of a valid parking permit for the location is verified by the parking department within twenty-four hours.

     (d) Internal policies regarding disposition of parking tickets may be established on approval of the chancellor or designee whose responsibilities include supervision of the parking department, under the advisement of the university's internal auditor.

     (3) Inoperable vehicles((:)). It is the owner's responsibility to immediately contact ((WSU Spokane public safety)) the parking department in the event that the owner's vehicle becomes inoperable when the vehicle is present on campus.

     (4) Payment of parking fines. All parking fines are due upon issuance of a parking ticket. Thirty days after date of issuance of a parking ticket, a late fee shall be added to all unpaid parking fines. For example, a parking ticket issued on May 1 would be assessed a late fee on May 31. Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office or to a private collection agency for collection. Where collection efforts are unsuccessful, the controller or designee may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing or use of the wheel lock device described in these regulations. Nor are the procedures discussed above a precondition to towing or use of the wheel lock.

     (5) Failure to pay fines. Failure to pay a fine or comply with other penalties assessed pursuant to these regulations, and exhausting or failing to exercise appeals provided for in these regulations, may result in the inability to renew a vehicle license through the state pursuant to RCW 46.16.216.

[Statutory Authority: RCW 28B.30.125. 03-15-060, § 504-14-810, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-810, filed 8/24/01, effective 9/24/01.]

     (1) Purpose((:)). The parking appeals ((committee)) process serves ((two)) three primary functions:

     (a) To ((assure an impartial evaluation of the circumstances relating to a particular parking violation; and)) hear parking ticket appeals;

     (b) To ((aid in the appraisal of parking and traffic problems)) hear appeals of wheel lock eligibility determination; and

     (c) To hear appeals of impoundments.

     (2) Procedure((:)). Any person who has received ((notice of a parking violation)) a parking ticket may appeal the alleged parking violation. ((The appellant may request more information from WSU Spokane public safety.)) Appeal of wheel lock eligibility determinations and impoundments are described in WAC 504-14-865 and 504-14-870.

     (3) Written parking ticket appeals. The appeal must be in writing and received at ((WSU Spokane public safety)) the parking department within ten calendar days ((after receipt of notice of the violation)) of issuance of the parking ticket. Forms for this purpose are available from ((WSU Spokane public safety)) the parking department. The parking appeals committee ((will)) makes an initial decision ((on)) regarding the appeal within twenty calendar days during the academic year and ((forty-five)) within thirty calendar days during the summer months after receipt of the appeal. The committee ((will serve)) provides a brief statement of the reason((s)) for its decision ((on)) to the appellant within ten calendar days of the decision.

     (((3))) (4) Review hearing of initial decision((:)). If the appellant is dissatisfied with the initial decision, ((he/she)) the appellant may request a hearing before a hearing officer or the parking appeals committee. Such a request must be made within ten calendar days of ((service of)) the ((notice)) date of the initial parking appeals committee decision. If no such request is received, the initial decision shall be final. During the ((review)) hearing the appellant and representatives of ((WSU Spokane public safety)) the parking department may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and ((serve)) provide appellant with the decision within ((five)) ten calendar days after the ((review)) hearing.

     (((4))) (5) Appeal to district court((:)). RCW 28B.10.560 provides that a person who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court shall be in writing and must be filed at the ((WSU Spokane public safety)) parking department office within ten calendar days after ((service of written notice of the final decision. WSU Spokane public safety will)) the date of the review hearing. The parking department forwards the documents relating to the appeal to the district court.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-860, filed 8/24/01, effective 9/24/01.]

     (a) The vehicle is on the wheel lock-eligible list; or

     (b) The vehicle displays a lost, stolen, or counterfeit parking permit.

     (2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:

     (a) Has been immobilized by wheel lock for more than twenty-four hours; or

     (b) Is illegally parked in a marked tow-away zone; or

     (c) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or

     (d) Cannot be immobilized with a wheel lock device; or

     (e) Is illegally parked in a disability space.

     (3) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.

     (4) Any vehicle immobilized by use of the wheel lock device in excess of twenty-four hours is assessed a storage fee for each calendar day or portion thereof, beyond the first twenty-four hours.

     (5) The university assumes no responsibility in the event of damages resulting from towing, use of wheel lock devices, storage, or attempts to move a vehicle with a wheel lock device installed.

     (6) No vehicle impounded by towing or wheel lock devices shall be released until the following fines are paid in cash or with an approved payment card:

     (a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the violator and/or owner;

     (b) A wheel lock fee; and

     (c) All towing and storage fees.

     (7) A person wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-14-860. However, in order to secure release of the vehicle, such person must pay the amount of such fines or fees as a bond which shall be refunded to the extent the appeal is successful.

     (8) An accumulation of six unpaid violations during any twelve-month period, exclusive of overtime at parking meter violations, and overtime in time zone violations, subjects the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.

[]

     (2) A wheel lock-eligible vehicle shall be placed on the wheel lock-eligible list after notice has been issued as provided in subsection (3) of this section and an appeal of the wheel lock eligibility determination, if requested, under subsection (4) of this section.

     (3) At least ten days prior to placing a vehicle on the wheel lock-eligible list, the parking administrator shall mail a notice to the owner. The parking administrator mails the notice to the address stated on the most current registration records available to the university from a state, or any more current address of which the parking administrator has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice shall set forth:

     (a) The make and license plate number of the alleged wheel lock-eligible vehicle.

     (b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list.

     (c) A list of the three or more alleged unpaid parking tickets, including the parking ticket number, date, time, place of the violation, and the nature of the violation. This list shall include all unpaid parking tickets issued to a particular vehicle to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (d) That the owner may avoid the placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date on which the vehicle is subject to placement on the wheel lock-eligible list.

     (e) The name, mailing address (and street address if different), and telephone number of the parking department office that may be contacted to appeal the wheel lock eligibility determination. Such an appeal only considers whether an individual vehicle was properly placed on the wheel lock-eligible list and not the merits of an individual parking ticket, which may be addressed pursuant to a separate appeals process described in WAC 504-14-860.

     (f) That the vehicle is subject to wheel lock, towing, or both once it is placed on the wheel lock-eligible list.

     (g) That all late fees, wheel lock fees, towing, and storage fees shall be payable in full to obtain the release of a vehicle wheel locked or towed pursuant to this chapter in addition to payment of any and all unpaid parking tickets on this vehicle or other vehicles owned by the registered owner to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (4) If a request for an appeal of a wheel lock eligibility determination is received by the parking administrator before the specified date in the notice for placement of the vehicle on the wheel lock-eligible list, then the parking administrator shall afford the owner an opportunity to appeal the wheel lock eligibility determination prior to the placing of a vehicle on the wheel lock-eligible list. Although the parking administrator shall not have the authority to adjudicate the merits of any parking ticket, she or he shall, however, receive evidence and other input from the owner appealing the wheel lock eligibility determination that the notice given under subsection (3) of this section was erroneous or based on erroneous information.

     (5) If an owner timely participates in the appeal as scheduled by the parking administrator, he or she shall furnish the owner written notice of his or her decision prior to placing the vehicle on the wheel lock-eligible list.

     (6) After the specified date provided in the notice issued under subsection (3) of this section, the parking administrator shall review the records to ensure that the alleged unpaid parking tickets have not been paid or otherwise resolved, and that no information has been received indicating that the notice was erroneous.

     (7) Once a vehicle has been placed on the wheel lock-eligible list, it shall not be removed from the list unless and until:

     (a) The fines and fees on all unpaid parking tickets issued during the time it has been registered to or otherwise held by the owner are paid or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees;

     (b) The parking administrator receives reliable information that title to the vehicle has been transferred; or

     (c) The parking administrator determines that the placement of the vehicle on the wheel lock-eligible list was erroneous.

     (8) If a vehicle is not properly registered in any state or no registration information is available to the university and the vehicle is wheel lock eligible, then notice shall be provided by posting on the vehicle a conspicuous notice, which shall set forth:

     (a) A description of the alleged wheel lock-eligible vehicle;

     (b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list;

     (c) That the owner may avoid placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date certain on which the vehicle is subject to placement on the wheel lock-eligible list; and

     (d) That the vehicle is subject to wheel lock, towing or both once it is placed on the wheel lock-eligible list.

     (9) An officer shall attempt to wheel lock any vehicle which appears on the wheel lock-eligible list when parked, lawfully or unlawfully, on campus.

     (10) The parking administrator shall ensure that officers are on duty to remove wheel locks from vehicles.

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     (1) Causing physical damage to a wheel lock device;

     (2) Removing, or attempting to remove, a wheel lock device; or

     (3) Taking or stealing a wheel lock device.

[]

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-920, filed 8/24/01, effective 9/24/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 504-14-430	Change in residence or license plates.
WAC 504-14-830	Other violations and sanctions.

© Washington State Code Reviser's Office