WSR 10-11-015

EXPEDITED RULES

OLYMPIC COLLEGE


[ Filed May 7, 2010, 1:52 p.m. ]

Title of Rule and Other Identifying Information: Renaming of parking WACs for Olympic College to clarify purpose.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Thomas Oliver, Olympic College, 1600 Chester Avenue, Bremerton, WA 98337 , AND RECEIVED BY July 20, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The only effect is to clarify the titles of these rules.

Reasons Supporting Proposal: The current titles do not clearly identify these rules as pertaining to parking only.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Chapter 28B.50 RCW.

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

Name of Proponent: Thomas Oliver, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olympic College, 1600 Chester Avenue, Bremerton, WA, (360) 475-7502.

May 7, 2010

Thomas Oliver

Rules Coordinator

OTS-3227.1


AMENDATORY SECTION(Amending WSR 10-02-022, filed 12/29/09, effective 1/29/10)

WAC 132C-10-100   Parking authority.   Per RCW 28B.50.140(10), the board of trustees of Olympic College has authority to adopt rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the college. Parking fees may be adopted by the board of trustees, specifying the charge per quarter and per year. The college reserves the right to refuse the issuance of a parking permit.

[Statutory Authority: Chapter 28B.50 RCW. 10-02-022, 132C-10-100, filed 12/29/09, effective 1/29/10.]


AMENDATORY SECTION(Amending WSR 10-02-022, filed 12/29/09, effective 1/29/10)

WAC 132C-10-110   Parking enforcement.   The Olympic College safety and security department is responsible for all matters regarding pedestrian and vehicular traffic and parking regulation and enforcement of parking including, but not limited to:

(1) Assignment of parking spaces, parking permits;

(2) Assessment of fines for violations;

(3) Assessment of security enhancement fees;

(4) Designation of lot and space numbers;

(5) Issuance of traffic or parking citations; and

(6) Permit revocation.

[Statutory Authority: Chapter 28B.50 RCW. 10-02-022, 132C-10-110, filed 12/29/09, effective 1/29/10.]


AMENDATORY SECTION(Amending WSR 10-02-022, filed 12/29/09, effective 1/29/10)

WAC 132C-10-120   Parking fines.   (1) A full schedule of traffic and parking infractions shall be published by the college and made available for review in the public safety office.

(2) All fines are to be paid through the Olympic College cashier's office, either in person or by mail during normal business hours and within fifteen days of the infraction. Failure to pay fines may result in any of the following actions, but is not necessarily limited to:

(a) Denial of registration.

(b) Withholding transcripts, degrees, refunds, credits and grades.

(c) Denial of future parking privileges.

(d) Violators will be given fifteen calendar days to appeal or pay a citation. If payment or appeal is not made in this period, a warning notice will be sent indicating that payment is due within five business days with notice of penalty or action taken if not paid.

(i) If payment is not made by the final due date any parking privileges will be revoked.

(ii) If payment is not made by the final due date and the individual does not have parking privileges, future violations may result in impounding, immobilization (boot) with storage charged to the owner or operator of the vehicle. A payment plan (or payment in full for all citations) must be established through the accounting department prior to removal of the boot.

(3) During the first week of each quarter, a warning card may, at the discretion of safety and security, be placed on the vehicle in lieu of a citation. The college reserves the right to issue citations at all times.

[Statutory Authority: Chapter 28B.50 RCW. 10-02-022, 132C-10-120, filed 12/29/09, effective 1/29/10.]


AMENDATORY SECTION(Amending WSR 10-02-022, filed 12/29/09, effective 1/29/10)

WAC 132C-10-130   Parking impoundment.   Vehicles will be impounded if found to be blocking another vehicle or access, posing any potential threat to property or personal safety, multiple parking or traffic infractions restricting access to emergency vehicles, and other reasons seen as creating a safety hazard in the opinion of a safety and security supervisor. All costs of impoundment will be the responsibility of the vehicle owner. The college shall not be liable for loss or damage of any kind resulting from such impounding, immobilization or storage. Impoundment does not remove the obligation for any fines associated with the violation(s).

[Statutory Authority: Chapter 28B.50 RCW. 10-02-022, 132C-10-130, filed 12/29/09, effective 1/29/10.]


AMENDATORY SECTION(Amending WSR 10-02-022, filed 12/29/09, effective 1/29/10)

WAC 132C-10-140   Parking appeal process.   All appeals by anyone who has received a citation for a violation of these parking and traffic rules must be made in writing using the Olympic College Parking Appeal form (available from safety and security).

(1) Level one: Appeals must be submitted to safety and security within five working days of initial citation with an appeal form and a copy of the citation. The safety and security supervisor will make a determination and notify the appellant within five working days of receipt of the appeal.

(2) Level two: If a level one appeal is denied, the appellant may petition the parking advisory committee within five working days. The decision of the parking advisory committee is final. The appeal to the parking advisory committee must include the following:

(a) A copy of the level one appeal;

(b) A written statement indicating reasons the denial should be overturned; and

(c) A receipt showing that the citation has been paid.

The committee will make a determination and notify the appellant within five workings days of receipt of a level two appeal. The appellant will be refunded any citation fee paid if the committee overturns the citation(s).

[Statutory Authority: Chapter 28B.50 RCW. 10-02-022, 132C-10-140, filed 12/29/09, effective 1/29/10.]

Washington State Code Reviser's Office