WSR 12-03-038

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed January 9, 2012, 2:03 p.m. , effective February 9, 2012 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: Housekeeping amendments to TITLE 478 WAC rules are being made for the following reasons:


• The UW University Handbook was retired in December 2010 and citations of policies and orders formerly published in the University Handbook are corrected to indicate their current UW publication source in WAC 478-120-050, 478-          124-030, and 478-136-012.
• Amendments that clarify the meaning of a rule without changing its effect are made in WAC 478-108-070, 478-116-111, 478-116-325, 478-120-050, 478-136-012, and 478-324-150.
• Job titles are updated in WAC 478-355-020, 478-355-030, and 478-355-060.

     Citation of Existing Rules Affected by this Order: Amending WAC 478-108-070, 478-116-111, 478-116-325, 478-120-050, 478-124-030, 478-136-012, 478-324-140, 478-355-020, 478-355-030, and 478-355-060.

     Statutory Authority for Adoption: RCW 28B.20.130.

     Other Authority: Board of Regents Governance, Standing Orders, Chapter 1.

      Adopted under notice filed as WSR 11-22-026 on October 25, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 10, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 10, Repealed 0.

     Date Adopted: January 5, 2012.

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-4335.1


AMENDATORY SECTION(Amending WSR 90-15-005, filed 7/6/90, effective 8/6/90)

WAC 478-108-070   Faculty employment relationships.   All adjudicative proceedings affecting a faculty member at the University of Washington shall be governed exclusively by the provisions of relevant university codes, policies, and ((handbooks)) orders, as they may be amended from time to time, except that any additional procedural protections for adjudicative proceedings in applicable sections of the Washington Administrative Procedure Act shall be available to faculty through the university processes.

[Statutory Authority: Chapter 34.05 RCW. 90-15-005, § 478-108-070, filed 7/6/90, effective 8/6/90.]

OTS-4336.1


AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)

WAC 478-116-111   Permit required for all motorized vehicles parked on campus.   Except as provided in WAC 478-116-112 and 478-116-155, no person shall park or leave any motorized vehicle, whether attended or unattended, upon the campus unless the person first purchases a valid permit from transportation services or a transportation services permit-issuance machine. Permission to park on campus ((will)) shall be shown by display of a valid permit in accordance with WAC 478-116-122.

     (1) A valid permit is:

     (a) A current, physical vehicle permit issued by an authorized agent or permit-issuance machine designated by transportation services and displayed in accordance with WAC 478-116-122;

     (b) A temporary physical permit issued by an authorized agent or permit-issuance machine designated by transportation services. Temporary permits are valid through the date or time of the permit; or

     (c) A virtual permit that is stored within a permit-issuance machine for designated spaces. Virtual permits are valid for a specific space through the date or time stored in the machine and, if applicable, listed on the customer receipt.

     (2) Parking permits are not transferable, except as provided in WAC 478-116-114.

     (3) Transportation services reserves the right to refuse to issue parking permits.

     (4) The university may allow persons without permits to drive through the campus without parking.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 11-13-058, § 478-116-111, filed 6/14/11, effective 8/8/11; 04-13-086, § 478-116-111, filed 6/17/04, effective 8/16/04; 01-20-030, § 478-116-111, filed 9/26/01, effective 10/27/01; 97-14-005, § 478-116-111, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)

WAC 478-116-325   Motor vehicle fine schedule.   The following schedule of fines for violations of the rules listed below is hereby established.


Offense Category Maximum Citation Fine Fine if Citation is Paid Within 20 Calendar Days Applicable Violations
Minor $20.00 $15.00 • Permit not registered to vehicle, see WAC 478-116-114;
• Parking outside of area assigned by permit, see WAC 478-116-114;
• Improper display of permit, see WAC 478-116-122.
General $40.00 $35.00 • No valid permit displayed, no valid permit for space or parking without making payment, see WAC 478-116-111, 478-116-112, and 478-116-155;
• Occupying more than one space, see WAC 478-116-135;
• Parking at expired meter, see WAC 478-116-155;
• Overtime parking, see WAC 478-116-175;
• All other violations of this chapter.
Major $60.00 $50.00 •     Obstructing traffic or pedestrian movements, see WAC 478-116-135;
• Parking in restricted, prohibited, or nonparking areas, see WAC 478-116-135, 478-116-191, ((and)) 478-116-193, and 478-116-197.
Serious $300.00 $250.00 • Disability/wheelchair space violations, see WAC 478-116-195;
• Use of revoked, stolen, forged, or altered parking products, see WAC ((478-116-315)) 478-116-321.
Late Payment Fee Maximum Citation Fine + $25.00 N/A Penalty for failure to pay fine, respond, or comply with final decision of the citation hearing office within time limits, see WAC 478-116-301.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 11-13-058, § 478-116-325, filed 6/14/11, effective 8/8/11.]

OTS-4337.1


AMENDATORY SECTION(Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)

WAC 478-120-050   Jurisdiction.   (1) The vice-president and vice-provost for student life, the chancellors of the University of Washington Bothell and Tacoma campuses, or their delegates, may initiate any disciplinary action related to violations of any of the university's rules, regulations, procedures, policies, standards of conduct, or orders. Jurisdiction in such cases may be transferred to the dean of the school or college, or at the University of Washington Bothell and Tacoma campuses, to the dean or director of the program in which the student is enrolled if the alleged misconduct bears upon the student's fitness to continue in the school or college.

     (2) Additionally, the dean of each college or school, including the graduate school, or the dean's delegate, or the dean or director of programs in which the student is enrolled on the University of Washington Bothell or Tacoma campuses may initiate any disciplinary action:

     (a) Related to violations of university rules, regulations, procedures, policies, standards of conduct, and orders which pertain to that particular campus, college or school, or at the University of Washington Bothell and Tacoma campuses, the program in which the student is enrolled; and

     (b) Related to violations of rules, procedures, policies, and standards of conduct of that particular campus, college or school, or at the University of Washington Bothell and Tacoma campuses, the program in which the student is enrolled. The student academic grievance procedure is a separate procedure and is set forth in the ((University Handbook)) Executive Order No. 58 (graduate school students should also refer to Graduate School Memorandum No. 33). Violations involving academic misconduct should be reported to the dean of the appropriate school or college, or dean or program director at the University of Washington Bothell or Tacoma campuses.

     (3) Other departments of the university have proceedings separate and distinct from the student conduct code. For example:

     (a) Campus parking and traffic regulations are under the general jurisdiction of the transportation services department and the police department at the University of Washington Seattle campus and under the jurisdiction of public safety officers at the University of Washington Bothell and Tacoma campuses. (See chapters 478-116, 478-117 and 478-118 WAC.)

     (b) The library fines appeals committee has the authority to consider appeals of library charges. (See chapter 478-168 WAC.)

[Statutory Authority: RCW 28B.20.130 and University of Washington Board of Regents Standing Orders, Chapter 1, Section 2. 10-23-039, § 478-120-050, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. 07-23-068, § 478-120-050, filed 11/19/07, effective 12/20/07; 96-10-051, § 478-120-050, filed 4/29/96, effective 5/30/96; Order 72-9, § 478-120-050, filed 11/30/72.]

OTS-4338.1


AMENDATORY SECTION(Amending WSR 07-03-069, filed 1/17/07, effective 2/17/07)

WAC 478-124-030   Conduct on campus code -- Sanctions.   (1) Any person while on the university campus who willfully refuses the request of a uniformed campus police officer to desist from conduct prohibited by these rules may be required by such officer to leave such premises.

     (2) Disciplinary action which may result in dismissal from the university will be initiated against faculty, staff, or students who violate these rules, in accordance with the applicable disciplinary codes or other appropriate due process procedures.

     (3) Sanctions which may be imposed against faculty are set forth in the ((University of Washington Handbook, Volume II)) Faculty Code, Chapter 25, Sections 25-51 and 25-71.

     (4) Sanctions which may be imposed against students are set forth in WAC 478-120-040.

     (5) Sanctions which may be imposed against the classified staff are set forth in the relevant University of Washington labor contract for contract-classified staff, and in TITLE 357 WAC and applicable university policy for classified nonunion staff.

     (6) Sanctions which may be imposed against the professional staff are set forth in the University of Washington Professional Staff Program.

     (7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of the city of Seattle, the state of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the university.

[Statutory Authority: RCW 28B.20.130. 07-03-069, § 478-124-030, filed 1/17/07, effective 2/17/07; 91-10-030, § 478-124-030, filed 4/24/91, effective 5/25/91; Order 72-7, § 478-124-030, filed 11/30/72.]

OTS-4339.1


AMENDATORY SECTION(Amending WSR 10-13-098, filed 6/17/10, effective 7/18/10)

WAC 478-136-012   Definitions.   (1) "Chair" of the committee on the use of university facilities means the person delegated authority by the president of the University of Washington and the chancellors of the University of Washington to authorize the use of university facilities, as provided for herein, for activities which take place on their respective campuses or at locations governed by their respective campuses; who oversee the committee on the use of university facilities for their respective campuses; and who liaise with other chairs to promote coordination in the application of this policy across campuses. The University of Washington attorney general's division shall provide legal guidance to the chair as needed.

     (2) "Committee on the use of university facilities" means a committee appointed by the chair of the committee on the use of university facilities, which meets on a schedule to be determined by the chair, to provide nonbinding guidance to the chair on the application of these rules. Committee representatives might include representatives for UW police, environmental health and safety, risk management, student affairs, student government, and faculty and staff representatives.

     (3) "Facility" or "facilities" includes all structures, grounds, parking lots, waterfront, and airspace owned or operated by the University of Washington, except where a "facility" is excluded from the application of this rule pursuant to a contract (such as a lease or rental agreement). Specific rules also apply to parking lots, bicycle and skateboard use (chapters 478-116, 478-117, and 478-118 WAC), boat moorage facilities (chapter 478-138 WAC ((and University Handbook, Volume 4, Part VII, Chapter 3, Section 2))), ((residence halls)) student housing (chapter 478-156 WAC), airspace use (((University Handbook, Volume 4, Part VII, Chapter 3, Section 5)) Executive Order No. 22), nonuniversity speakers on campus (((University Handbook, Volume 4, Part VII, Chapter 3, Section 4)) Executive Orders No. 23 and No. 42), and use of facilities by the Associated Students University of Washington (ASUW), Graduate and Professional Student Senate (GPSS), and other affected organizations (((University Handbook, Volume 3, Part III, Chapter 5)) Student Governance and Policies, Chapter 202).

     (4) "Use of facilities" includes, but is not limited to, the holding of events, the posting and removal of signs, all forms of advertising, commercial activities, and charitable solicitation.

[Statutory Authority: RCW 28B.20.130. 10-13-098, § 478-136-012, filed 6/17/10, effective 7/18/10. Statutory Authority: RCW 28B.20.130 and chapter 70.160 RCW. 07-03-136, § 478-136-012, filed 1/23/07, effective 2/23/07. Statutory Authority: RCW 28B.20.130. 02-06-020, § 478-136-012, filed 2/25/02, effective 3/28/02; 97-24-047, § 478-136-012, filed 11/26/97, effective 12/27/97. Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), § 478-136-012, filed 7/22/82, effective 10/1/82.]

OTS-4340.1


AMENDATORY SECTION(Amending WSR 10-23-039, filed 11/10/10, effective 12/11/10)

WAC 478-324-140   Additional methods of public notice.   The university shall provide public notice of scoping, DNS with comment period, public hearings scheduled in accordance with these procedures and availability of draft and final EISs by providing notice in such form as a press release or advertisement in the on-line ((University Week)) UW Today, University of Washington Daily, and/or in another legal newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., The Seattle Times or Tacoma News Tribune).

[Statutory Authority: RCW 28B.20.130 and University of Washington Board of Regents Standing Orders, Chapter 1, Section 2. 10-23-039, § 478-324-140, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 43.21C.120. 03-12-007, § 478-324-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. 00-04-039, § 478-324-140, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-140, filed 10/2/84.]

OTS-4341.1


AMENDATORY SECTION(Amending WSR 93-24-049, filed 11/24/93, effective 12/25/93)

WAC 478-355-020   Purpose.   To expedite the award of public work contracts at minimum cost, the University of Washington ((executive)) senior vice-president for finance and facilities is authorized to establish a small works roster.

[Statutory Authority: RCW 28B.10.355. 93-24-049, § 478-355-020, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. 88-19-041 (Order 88-01), § 478-355-020, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. 86-08-027 (Order 86-1), § 478-355-020, filed 3/26/86.]


AMENDATORY SECTION(Amending WSR 01-08-007, filed 3/22/01, effective 4/22/01)

WAC 478-355-030   Project construction cost.   Whenever the estimated project construction cost of any University of Washington public work is less than two hundred thousand dollars, the University of Washington ((executive)) senior vice-president for finance and facilities is authorized to use the small works roster in lieu of public advertisement for bids. In the event the legislature further increases the small works roster limit, the university is authorized to use the small works roster for any projects up to the subsequently authorized limit.

[Statutory Authority: RCW 39.04.155. 01-08-007, § 478-355-030, filed 3/22/01, effective 4/22/01. Statutory Authority: RCW 28B.10.355. 93-24-049, § 478-355-030, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. 88-19-041 (Order 88-01), § 478-355-030, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. 86-08-027 (Order 86-1), § 478-355-030, filed 3/26/86.]


AMENDATORY SECTION(Amending WSR 93-24-049, filed 11/24/93, effective 12/25/93)

WAC 478-355-060   Administration.   The ((executive)) senior vice-president for finance and facilities is authorized to establish procedures for university use of its small works roster.

[Statutory Authority: RCW 28B.10.355. 93-24-049, § 478-355-060, filed 11/24/93, effective 12/25/93. Statutory Authority: RCW 28B.20.130. 88-19-041 (Order 88-01), § 478-355-060, filed 9/14/88. Statutory Authority: RCW 28B.20.130 and 39.34.080. 86-08-027 (Order 86-1), § 478-355-060, filed 3/26/86.]

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