WSR 99-19-030

EXPEDITED ADOPTION

BATES TECHNICAL COLLEGE


[ Filed September 8, 1999, 10:38 a.m. ]

Title of Rule: Chapter 495-141 WAC, Parking and traffic regulations.

Purpose: To correct WAC 495-141-165 Fines and penalties.

Statutory Authority for Adoption: RCW 28B.50.140(10).

Summary: To correct error made on original submittal for adoption.

Reasons Supporting Proposal: To maintain agency original intent.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ron Lively, 1101 South Yakima Avenue, Tacoma, WA 98405, (253) 596-1619.

Name of Proponent: Bates Technical College, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: To improve fines and penalties for violation of college parking and traffic regulations.

Proposal Changes the Following Existing Rules: Corrects penalty for reckless/negligent driving to the agencies original intent of revoking parking privileges on all campuses.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING 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 RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jon G. Thorpe, Bates Technical College, 1101 South Yakima Avenue, Tacoma, WA 98405 , AND RECEIVED BY November 23, 1999.


September 1, 1999

Jon G. Thorpe

Director of College Operations

OTS-3367.1


AMENDATORY SECTION(Amending WSR 97-12-038, filed 5/30/97, effective 6/30/97)

WAC 495A-141-165
Fines & penalties.

The vice president of business & finance, 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 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 permit displayed

(b) Occupying more than one parking space

(c) Occupying space/area not designated for parking

(d) Parking in area not authorized by 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 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 zone or area marked "no parking"

(k) Speeding

(l) Reckless/negligent driving (1) 1st offense - ((warning, (2) 2nd offense - posted rate (if paid within twenty-four hours fine will be reduced by one-half), (3) 3rd offense - fine triples, (4) Any subsequent offense could result in loss of parking privileges on campus)) Parking privileges on all campuses revoked.

(3) At the discretion of the vice president of business & finance, or designee, an accumulation of citations by a staff member may be turned over to a private collection agency for the collection of 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 & finance, or designee, may initiate the following actions:

(a) Student may not be able to obtain transcript of credits until all fines are paid.

(b) Student may not receive a degree/diploma/certificate of completion until all fines are paid.

[Statutory Authority: RCW 28B.50.140(10).  97-12-038, § 495A-141-165, filed 5/30/97, effective 6/30/97.]

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