WSR 12-11-024

PERMANENT RULES

WASHINGTON STATE UNIVERSITY


[ Filed May 8, 2012, 10:13 a.m. , effective June 8, 2012 ]


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

Purpose: To update the campus traffic and parking regulations for WSU Vancouver, chapter 504-19 WAC.

Citation of Existing Rules Affected by this Order: Amending WAC 504-19-250, 504-19-520, 504-19-560, 504-19-580, 504-19-600, and 504-19-650.

Statutory Authority for Adoption: RCW 28B.30.150.

Adopted under notice filed as WSR 12-05-108 on February 22, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 0.

Date Adopted: May 7, 2012.

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-4589.1


AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)

WAC 504-19-250   Motorcycles and mopeds.   (1) The general traffic regulations applicable to motor vehicles apply to motorcycles and mopeds. Motorcycles or mopeds may not be driven on sidewalks or in pedestrian mall areas. Owners of motorcycles and mopeds are responsible for all violations issued.

(2) 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) 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 parking in such designated areas must display a valid WSUV motorcycle permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only. To park a motorcycle or moped in nonmotorcycle parking spaces, a full-price vehicle permit must be displayed in an approved motorcycle permit holder. Approved motorcycle permit holders may be signed out from parking services at the time of permit purchase. Issued permit holders must be returned to parking services within two weeks of the permit's expiration date or an administrative service fee is charged to the permit user's account.

[Statutory Authority: RCW 28B.30.150. 08-08-049, 504-19-250, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, 504-19-250, filed 7/15/96, effective 8/15/96.]


AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)

WAC 504-19-520   Parking permits--Form and display.   All

parking permits must be displayed in the approved position on the vehicle with permit numbers and relevant dates visible. Vehicles with permits which are not displayed in accordance with the provisions of this section are subject to parking tickets for the violation of improperly displaying a permit, or for the violation of no parking permit if a valid permit cannot be verified from the exterior of the vehicle.

(1) Autos and trucks:

(a) Hanging permits, both annual and daily, must be displayed by hanging the permit from the rear-view mirror post or laying the permit on the dashboard with the proof of payment and valid dates visible from the exterior of the vehicle.

(b) Permits mounted solely by suction cup and 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.

[Statutory Authority: RCW 28B.30.150. 08-08-049, 504-19-520, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, 504-19-520, filed 7/15/96, effective 8/15/96.]


AMENDATORY SECTION(Amending WSR 09-11-069, filed 5/14/09, effective 7/1/09)

WAC 504-19-560   Other parking permits--Availability and use.   (1) Visitor permits. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other person constitutes illegal use of a parking permit. Visitor permits are valid in any zone and parking spaces signed for visitors only. Visitor permits are not valid at meters or restricted spaces.

(2) Golden cougar permits. Golden cougar permits are special visitor permits that are issued to retired staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone. Staff who are employed by the university or 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.

(3) President's associates decals. President's associates decals are issued to eligible members of the Washington State University foundation. Use of these decals for parking shall be in accordance with a separate agreement between WSU and the WSU foundation. However, WSU faculty, staff, and students may not use a president's associates decal or any other parking benefit instrument in lieu of a paid zone permit.

(4) Conference permits. Conference permits are available to visitors who participate in conferences held on the WSUV campus. They are available on a daily basis only. Conference permits are valid ((in any assigned zone)) as marked on the issued permit.

(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 assigned to a specific parking area.

(7) Carpool. Upon application to WSUV parking services, a bona fide carpool as defined by the campus policies and procedures is given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

(8) Commercial permits. Commercial permits are issued to vendors, suppliers, and service representatives of outside companies performing a service for the university. Commercial permits are valid in zones and areas indicated on the permit.

(9) Departmental permits. Departmental parking permits are available for use by department employees who need to use their personal vehicles for university business. Departmental permits are available in different forms and are valid at parking meters, service zones, orange, green, red, and gray permit zones, and pay parking facilities. Departmental permits are not valid in reserved spaces. The use of departmental permits for anything other than official departmental business is prohibited by the State Ethics Act.

[Statutory Authority: RCW 28B.30.150. 09-11-069, 504-19-560, filed 5/14/09, effective 7/1/09; 08-08-049, 504-19-560, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, 504-19-560, filed 7/15/96, effective 8/15/96.]


AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)

WAC 504-19-580   Special indicator decals and hangers.   Special indicator decals or hangers may be issued to staff and student permit holders who have otherwise valid parking permits in the following cases:

(1) A "service indicator decal or hanger" is valid typically for a maximum of ((fifteen)) thirty minutes in a marked service zone. A "mall service" indicator is valid typically for a maximum of ((fifteen)) thirty-minute parking in the pedestrian mall. ((These are available to staff or students who must use a private vehicle for university business.)) If the indicator is needed for longer than thirty minutes, the issued permit is subject to the current daily rate for parking on the WSUV campus unless a parking permit valid for that time period is already present in the vehicle.

(2) Reserved parking indicator decals and hangers which are valid in parking spaces that are signed for the corresponding permit and indicator.

[Statutory Authority: RCW 28B.30.150. 08-08-049, 504-19-580, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, 504-19-580, filed 7/15/96, effective 8/15/96.]


AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)

WAC 504-19-600   Parking permits for persons with disability.   (1) The provisions of this chapter cover the purchase and display of parking permits and the 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. Use of disability accommodation parking at WSU Vancouver also requires payment for parking in the form of a WSUV parking permit or receipt of payment.

(3) The university uses the state persons with disability parking permit system to determine eligibility for a university persons with disability parking permit. Persons desiring to purchase a university persons with disability parking permit must present a valid state-issued persons with disability parking identification and permit.

(4) Unless otherwise authorized, long-term parking in spaces designated for persons with disability requires a valid university persons with disability parking permit to park on campus. University semester and annual parking permits for persons with disability are available at the gray zone rate. Daily and temporary parking permits are available at the regular rates.

(5) Persons with a university persons with disability parking permit may park in a persons with disability parking space and any other, nonrestricted permit space within a parking permit zone.

(6) Persons with a university persons with disability parking permit may not park in restricted spaces with the exception of persons with disability parking spaces.

(7) Unless otherwise posted, any university parking permit to include a persons with disability parking permit is not valid in lieu of payment of regular posted fees in pay parking facilities.

(8) A state-issued persons with disability license plate, placard, or permit is valid in lieu of a university persons with disability parking permit in parking zones during times when a university permit is not required.

(9) The university intends to retain control of access to the pedestrian malls on campus. For that reason a university persons with disability parking permit is required in lieu of a state-issued persons with disability license plate, placard, or permit as authorization to use a pedestrian mall to access marked persons with disability parking spaces within the confines of a pedestrian mall.

[Statutory Authority: RCW 28B.30.150. 08-08-049, 504-19-600, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, 504-19-600, filed 7/15/96, effective 8/15/96.]


AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)

WAC 504-19-650   Parking fees and fines.   (1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, parking meter rates, prorate and refund schedules, and the effective date thereof are submitted to the president or his/her designee and to the board of regents for approval by motion, provided however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or his designee to approve all such fees and fines. The schedules described above for all parking fees and fines are thereafter posted in the public area of the parking department office and posted on the parking department's web site.

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

(3) The annual fee for any shorter period relative to all permits shall be prorated according to the published schedule.

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

(5) Staff members whose work schedules qualify them for nighttime differential pay may purchase a permit for one-half the regular fee. Verification is required.

(6) 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.

(7) 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 an 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 rule 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.30.150. 08-08-049, 504-19-650, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, 504-19-650, filed 7/15/96, effective 8/15/96.]

Washington State Code Reviser's Office