WSR 19-24-038
PROPOSED RULES
BATES TECHNICAL COLLEGE
[Filed November 26, 2019, 8:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-20-052.
Title of Rule and Other Identifying Information: Amending chapter 495A-141 WAC to update with current state statutes and clarify parking and traffic language at Bates Technical College.
Hearing Location(s): On January 8, 2020, at 10:30 a.m.-12:00 p.m., at Clyde Hupp Room, Building A, Room A329, Downtown Campus Location, 1101 South Yakima Avenue, Tacoma, WA 98405-4895.
Date of Intended Adoption: February 6, 2020.
Submit Written Comments to: Dr. Jean Hernandez, 1101 South Yakima Avenue, Room A332, Tacoma, WA 98405-4895, email jehernandez@batestech.edu, fax 253-680-7101, by December 27, 2019.
Assistance for Persons with Disabilities: Contact Ms. Karey Bryson, phone 253-680-7100, fax 253-680-7101, email kbryson@batestech.edu, by December 27, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending chapter 495A-141 WAC to align with state rules and statutes and improve the clarity of the language.
Reasons Supporting Proposal: See purpose above.
Statutory Authority for Adoption: Chapters 28B.10, 34.05 RCW.
Statute Being Implemented: RCW 34.05.250, chapter 28B.50 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Bates Technical College, governmental.
Name of Agency Personnel Responsible for Drafting: Dr. Jean Hernandez, Bates Technical College, 253-680-7163, Implementation and Enforcement: Office of the President, Bates Technical College, 253-680-7105.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
November 26, 2019
Dr. Jean Hernandez
Special Assistant to the President
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-010Purpose for adopting parking and traffic regulations.
Pursuant to the authority granted RCW 28B.50.140(10), the board of trustees of Bates Technical College, District 28, or ((their)) designee((,)) is granted authority to adopt rules and regulations for pedestrian and vehicular traffic upon public lands devoted to, operated by, or maintained by the college. The objectives of these regulations are:
(1) To protect and control pedestrian and vehicular traffic.
(2) To assure ingress and egress at all times for emergency traffic.
(3) To minimize traffic disturbances during class hours.
(4) To facilitate the work of the college by assuring access to its vehicles and by assigning limited parking space for the most efficient use by all.
(5) To regulate the use of parking spaces.
(6) To protect students, staff, and state-owned property.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-012Enforcement.
The president or designee shall be responsible for the enforcement of the parking and traffic regulations. ((Parking and traffic regulations will be enforced at all times.))
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-014Definitions.
As used in this document, the following words and phrases shall mean:
(((1) "Board" - The board of trustees of Bates Technical College
(2) "Campus" - All lands and buildings devoted to, operated by, or maintained by Bates Technical College
(3) "Campus security officer" - Employee of the college who is responsible to the vice president of business & finance, or designee, for campus traffic control, parking, security, and safety.
(4) "College" - Bates Technical College
(5) "Safety & security supervisor" - The college's vice president of business and finance, or designee
(6) "Employee" - An individual appointed to the faculty, staff, or administration of the college
(7) "Guests/visitors" - Person or persons who come upon the campus as guests and person or persons who lawfully visit the campus
(8) "Continuing permits" - Permits issued to employees for an indefinite period of time
(9) "President" - President of Bates Technical College
(10) "President's designee" - Vice president of business and finance
(11) "Student permits" - Permits issued to students which are valid from the date of issue and for as long as the student is enrolled
(12) "Temporary permits" - Permits which are valid for a specific period designated on the permit
(13) "Vehicle" - Automobile, truck, motor-driven cycle, scooter, or any vehicle otherwise powered))
(1) "Board" - The board of trustees of Bates Technical College, District 28;
(2) "Campus" - All lands and buildings devoted to, operated by, or maintained by Bates Technical College;
(3) "Campus public safety officer" - Employee of the college who reports to the campus safety sergeant or designee and is responsible for campus traffic control, parking, security, and safety;
(4) "Campus safety and health administrator" – The college's safety and health director or designee;
(5) "College" - Bates Technical College, District 28;
(6) "Continuing permits" - Permits issued to employees for an indefinite period of time;
(7) "Employee" - An individual appointed to the faculty, staff, or administration of the college;
(8) "Guests or visitors" - Person or persons who come upon the campus as guests and who lawfully visit the campus;
(9) "President" - President of Bates Technical College, District 28;
(10) "President's designee" - The vice president of finance and administrative services will normally serve as the designee unless another designee has been appointed by the president or vice president of finance and administrative services;
(11) "Safety and security immediate supervisor" – The college's campus safety sergeant or designee;
(12) "Student permits" - Permits issued to students which are valid for a period designated on the permit;
(13) "Temporary permits" - Permits which are valid for a specific period designated on the permit; and
(14) "Vehicle" - Automobile, truck, motor-driven cycle, scooter, or any vehicle otherwise powered.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-030Authorization for issuance of permits.
The ((vice president of business & finance,))safety and health director or designee((,)) is authorized to issue parking permits to students, ((staff))employees, and guests when the following is provided:
(1) When the employee's or student's vehicle information is properly registered with the college.
(2) When a guest or visitor temporary parking permit is necessary to enhance the business or operations of the college.
((Permits are available to))Individuals ((who)) may ((wish to)) register additional vehicles. ((Only one vehicle registered to an))However, each individual shall only be permitted to park ((on campus))one registered vehicle on campus at any one time.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-035Responsibility of person to whom permit is issued.
The individual to whom a parking permit is issued shall be responsible for any violations of state, college, or city traffic rules and regulations involving the vehicle. In the event that a vehicle in violation is not registered with the college, the current registered owner will be responsible for the violations of the above stated rules and regulations.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-040Vehicle parking permits.
(1) All employees and students of the college shall obtain and display a currently valid parking permit on all vehicles parked or left standing unattended upon the college campus ((for day classes)).
(2) All persons parking on the campus shall secure and display a currently valid parking permit. All students will display a valid parking permit within five days from the student's date of registration ((or)). All employees will display a valid parking permit from the first day of employment.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-045Visitor permits.
All ((guests/visitors))guests and visitors (including salespersons, vendors, etc.) may park in appropriate ((staff))visitor parking and student parking areas after obtaining a temporary permit from the ((business)) office of campus public safety or appropriate department.
Visitors from other state or governmental agencies or institutions may display their business card on the dashboard (or other clearly visible location) in lieu of obtaining a temporary permit for short-term business at the college.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-050Display of permits.
The parking permit ((issued by the college)) shall be visibly ((affixed on the inside of the rear window of the vehicle for which the permit was issued, on the lower left hand corner of the window as viewed from the rear of the vehicle. If this is not feasible then the permit shall be affixed to the driver's side windshield lower corner. Motorcycle permits must be affixed in a conspicuous place))displayed in accordance with all instructions provided when the parking permit is issued by the college.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-055Transfer of permits.
Parking permits are not transferable. Each ((new vehicle must be registered))employee or student must register their vehicle(s) with the ((business office and be issued a separate parking permit))campus public safety office. An employee or student may register multiple vehicles under one permit. However, only one registered vehicle, with the parking permit displayed, may be parked on the campus at any one time.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-060Permit revocation.
Permits are licenses ((and))for vehicle operators to park on the college grounds, are the property of the college, and may be revoked 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 on an unregistered vehicle or by an unauthorized person((.));
(3) Falsification on the application for parking permits((.));
(4) Continued violations of parking and traffic regulations((.)); and
(5) Counterfeiting or altering of the permit(s).
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-065Right to ((refuse))deny permit.
The ((vice president of business and finance,))safety and health director or designee((,)) reserves the right to ((refuse the issuance of))deny issuing a parking permit to anyone:
(1) Who has had a previous permit revoked((,)); or
(2) Whose driving or parking conduct indicates a disregard for the rights or safety of others.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-070Right to appeal permit ((revocation/refusal))revocation or denial.
((When a parking permit has been revoked or has been refused or when a fine or penalty has been levied against a violator of the rules and regulations, such action by the vice president of business and finance,))The following actions by the safety and health director or designee((,)) may be appealed:
(1) A parking permit has been revoked or refused; or
(2) A fine or penalty has been levied against a violator of the rules or regulations.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-080Designation of parking.
The parking spaces available on campus ((may))will be allocated and designated by the ((vice president of business and finance,))safety and health director or designee((, in such a manner as will best achieve the objectives of these rules and regulations)).
(1) Special provisions shall be made for physically disabled employees, students, and visitors. Physically disabled individuals utilizing disabled parking spaces must display in that vehicle a valid state-issued disabled parking permit or license plate. Temporary disabled permits will be issued by the ((business office))disability support services office. In addition to the disabled permit, a valid college parking permit((s)) must be displayed on the vehicle.
(2) Guests who visit the campus for college related business for a maximum time of thirty minutes((,))are not required to display a temporary permit ((is not required)). Visitors requiring parking for longer than thirty (((30))) minutes ((may))should obtain a temporary parking permit through the ((business office when verified by host))appropriate hosting department.
(3) Parking spaces may be designated for special purposes as deemed necessary.
(4) No vehicle shall be parked on the campus except in those areas set aside and designated for parking.
(5) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-090Regulatory signs, markings, barricades.
The ((vice president of business and finance,))safety and health director or designee((,)) is authorized to make and erect signs, barricades, and other structures, and to paint marks and other directions upon the streets, ((entry/exits))entry or exits, and roadways for the regulation of traffic and parking upon the various public lands devoted to, operated by, or maintained by the college. Drivers or vehicles shall observe and obey all the signs, barricades, structures, markings and directions given them by the campus ((security))public safety officer ((in the control and regulation of traffic and parking)).
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-100Speed limit.
No vehicles shall be operated on the campus at a speed in excess of posted speed limits((,)) or ((such))at a slower speed as is reasonable and prudent to the circumstances.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-110Pedestrian right of way.
(1) The operator of a vehicle shall yield right of way to any pedestrian.
(2) Pedestrians shall not leave a curb or other place of safety and walk or run into the path of an oncoming vehicle.
(((2)))(3) When a sidewalk or crosswalk is provided, pedestrians shall utilize the sidewalk or crosswalk.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-130Report of accidents.
(1) The operator of any vehicle involved in an accident on campus resulting in injury or death of any person or claimed damage to either or both vehicles exceeding five hundred dollars shall immediately report such accident to the ((security))campus public safety officer on duty or ((operations))the office of campus public safety. Accidents occurring after the close of business shall be reported the next working day. The operator shall file a state of Washington motor vehicle report ((within twenty-four hours))by the end of the following business day after such accident.
(2) Other minor accidents may be reported to the ((security))campus public safety officer on duty or ((operations office))the safety and health director for insurance record purposes.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-140Impounding disabled ((and)), inoperative, or abandoned vehicles.
(1) Disabled ((or)), inoperative, or abandoned vehicles shall not be parked on the campus for a period exceeding twenty-four hours, without authorization from the ((vice president of business and finance,))safety and health director or designee.
(2) Vehicles parked over twenty-four hours without authorization may be impounded and stored at the expense of either((,)) or both((,)) the owner and operator ((thereof))of the vehicle.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-150Violation of parking and traffic regulations.
(1) Operators of illegally operated or parked vehicles shall be warned or cited through appropriate means that they are in violation of these regulations. All fines are payable at the ((business))cashier's office.
(2) In instances where violations are repeated, and in the judgment of the ((vice president of business and finance,))safety and health director or designee((,)) with appropriate documented evidence, said vehicles may be impounded.
Vehicles parked blocking roadways, driveways, fire lanes, parked in a hazardous way or impeding college operations without authorization may be impounded and stored at the expense of either or both the owner and operator of the vehicle.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-160Fees.
The board of trustees of Bates Technical College, District 28, shall set and review, as necessary, parking permit fees.
(((1))) Fees shall be levied in accordance with the current published fee schedule.
AMENDATORY SECTION(Amending WSR 99-24-072, filed 11/29/99, effective 12/30/99)
WAC 495A-141-165Fines and penalties.
The ((vice president of business and finance,))safety and health director or designee((,)) is authorized to impose the following fines and penalties for violation of the regulations:
(1) A schedule of fines shall be set by the board of trustees. The schedule shall be published by the college on its website and included on the traffic parking citation form.
(2) Fines will be assessed in accordance with the schedules ((as)) established by the board of trustees for the following violations:
(a) No valid parking permit displayed;
(b) Occupying more than one parking space;
(c) Occupying ((space/area))space or area not designated for parking;
(d) Parking in an area not authorized by the parking permit;
(e) Parking in reserved staff space without authorization;
(f) Disabled parking violation;
(g) Blocking or obstructing traffic (may be towed if creating a safety hazard);
(h) Parking adjacent to a fire hydrant (may be towed if creating a safety hazard);
(i) Parking in fire lane (may be towed if creating a safety hazard);
(j) Parking in a zone or area marked "no parking;"
(k) Speeding; or
(l) ((Reckless/negligent driving (1) 1st offense - Parking privileges))Reckless or negligent driving whereby the first offense may result in parking privileges being revoked on all campuses ((revoked)).
(3) At the discretion of the ((vice president of business and finance,))safety and health director or designee((,)) an accumulation of citations by ((a staff))an employee member may be turned over to a private collection agency ((for the collection of))to collect past due fines. Other appropriate collection procedures may be initiated as deemed necessary.
(4) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas may be subject to a fine and may be impounded. The expenses of such impounding and storage shall be the responsibility of the registered owner or driver of the vehicle.
(5) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.
(6) The college shall not be liable for loss or damage of any kind resulting from impounding and storage of vehicles.
(7) Vehicles involved in violations of these regulations may be impounded as provided for in these regulations.
(8) Persons may appeal the issuance of a citation.
(9) In the event a student fails or refuses to pay an uncontested fine which has been outstanding in excess of five days, the vice president of ((business and)) finance((,))and administrative services or designee((,)) may initiate the following actions:
(a) Student may not be able to obtain a transcript of credits until all fines are paid((.)); and
(b) Student may not receive a ((degree/diploma/certificate))degree, diploma, or certificate of completion until all fines are paid.
AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)
WAC 495A-141-170Appeal ((proceedings/appeal))proceedings and appeal of fines and penalties.
(1) Appeals must be presented in writing, giving full ((particulars,))details of the incident, including listing witnesses, evidence, level of damage, time of day, etc.
(2) Appeals must be submitted to the ((vice president of business and finance))campus safety sergeant or designee within five business days from date of citation. A decision on the appeal shall be issued within X college business days of the sergeant's receipt of the appeal.
(3) If an appeal is not resolved to the satisfaction of the alleged violator, ((he/she))they shall have five additional business days from receipt of decision by the ((vice president of business and finance))campus safety sergeant to appeal to the ((parking advisory committee))safety and health director for a final decision, to be issued within X college business days of the director's receipt of the appeal.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 495A-141-180
Parking advisory committee.