WSR 12-01-065

PERMANENT RULES

BELLEVUE COLLEGE


[ Filed December 16, 2011, 1:12 p.m. , effective January 16, 2012 ]


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

Purpose: This rule will remove the hours of enforcement for parking regulations and refer users to the college policy and procedures as posted on the college's public web site for procedural information. It also removes the exemption for visitors from permit requirements, creates a new section for disability parking and includes language to allow the college to use outside resources to collect unpaid parking citations.

Citation of Existing Rules Affected by this Order: Amending chapter 132H-116 WAC.

Statutory Authority for Adoption: RCW 28B-50.140 [28B.50.140].

Adopted under notice filed as WSR 11-16-055 on July 28, 2011.

A final cost-benefit analysis is available by contacting Deric Gruen, Bellevue College, 3000 Landerholm Circle S.E., Bellevue, WA 98007, phone (425) 564-2720, fax (425) 564-2261, e-mail deric.gruen@bellevuecollege.edu.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 26, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 30, 2011.

Lisa Corcoran

Executive Assistant

to the President

OTS-4142.2


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-310   Objectives of parking and traffic rules and regulations.   The objectives of these regulations are:

(1) To protect and control pedestrian and vehicular traffic on property owned, operated, or maintained by the college district.

(2) To ((assure)) ensure access at all times for emergency equipment.

(3) To minimize traffic disturbances.

(4) To facilitate the operation of the college by ((assuring)) providing adequate access to vehicles.

(5) To allocate limited parking space for the most efficient use.

(6) To protect state property.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-310, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-310, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-310, filed 8/10/76. Formerly WAC 132H-116-080.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-315   Definitions.   For the purpose of this chapter, the following terms and definitions shall apply:

(1) Board: The board of trustees of Community College District VIII, state of Washington.

(2) Campus: Any ((or)) and all real property owned, operated, controlled, or maintained by Community College District VIII, state of Washington.

(3) Car pool: ((Any group of three or more)) Faculty, staff, or students who commute to the college in the same vehicle under Bellevue College Policy and Procedure 6200.

(4) College: Bellevue ((Community)) College, ((or)) established within Community College District VIII, state of Washington, includes any ((additional community college hereafter established within Community College District VIII, state of Washington, and collectively,)) and all branch or other locations established by Bellevue College, and includes those responsible for its control and operations.

(5) Faculty members: Any employee of Community College District VIII who is employed ((on a)) full-time or part-time ((basis)) as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, including administrative appointment.

(6) Foot propelled device: Wheeled devices including but not limited to skateboards, roller skates, roller blades, etc. designed or used for recreation and/or transportation purposes.

(7) Public safety officers: Employees of the college accountable to the vice-president of administrative services and responsible for campus security, public safety, and parking and traffic control.

(8) Staff: The administrative and classified members employed by the college.

(9) Student: Any person enrolled in ((the)) classes at Bellevue College.

(10) Vehicle: An automobile, truck, motorcycle, scooter or bicycle, both engine-powered and ((nonengine-powered)) not.

(11) Visitor(s): Person(s) who come on to campus as guest(s), or who lawfully visit the campus for purposes in keeping with the college's role as an institution of higher learning in the state of Washington and are neither employees nor registered students of the institution.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-315, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 93-12-007, 132H-116-315, filed 5/19/93, effective 6/19/93; 92-13-097 (Order 115, Resolution No. 206), 132H-116-315, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-320   Applicable parking and traffic rules and regulations.   The applicable parking and traffic rules and regulations ((upon the campus are)) for Bellevue College include:

(1) The motor vehicle and other traffic laws of the state of Washington. Title 46 RCW.

(2) The traffic code of the city of Bellevue.

(3) The Bellevue ((Community)) College parking and traffic regulations. In case of conflict among the provisions of the motor vehicle and other traffic laws of the state of Washington or the traffic code of the city of Bellevue and Bellevue ((Community)) College parking and regulations, the provisions of the state of Washington motor vehicle laws shall govern.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-320, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-320, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-320, filed 8/10/76. Formerly WAC 132H-116-090.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-330   Enforcement of parking and traffic rules and regulations.   The vice-president of administrative services is responsible for parking and traffic management on campus. Duly appointed public safety officers of Bellevue ((Community)) College are delegated the authority to enforce all college parking and traffic rules and regulations.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-330, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-330, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-330, filed 8/10/76.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-350   Permits required for vehicles on campus.   No person shall park, or leave any vehicle, whether attended or unattended, upon the campus of Bellevue ((Community)) College ((between 6:00 a.m. and 3:00 p.m.)) without properly displaying a valid Bellevue College permit ((issued by the public safety or cashiering offices)), a disability placard or license plate, or a government agency license plate. Drivers needing to leave vehicles on campus overnight or for an extended period of time must display a special permit under Bellevue College Policy and Procedure 6200.

(1) A valid permit ((is)) includes:

(a) A current student or faculty/staff permit ((displayed in accordance with WAC 132H-116-356)).

(b) A temporary permit ((authorized by public safety and displayed in accordance with instructions)).

(2) The college reserves the right to ((refuse to issue)) deny a parking permit.

(((3) Vehicles displaying government agency license plates do not need BCC parking permits.))

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-350, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-350, filed 6/17/92, effective 7/18/92. Statutory Authority: RCW 28B.50.140. 82-04-005 (Order 75, Resolution No. 143), 132H-116-350, filed 1/21/82; 79-10-052 (Order 63, Resolution No. 120), 132H-116-350, filed 9/17/79; Order 43, 132H-116-350, filed 8/10/76. Formerly WAC 132H-116-120.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-351   Authorization for issuance of permits.   (((1))) The vice-president of administrative services or his or her designee is authorized to issue all parking permits under Bellevue College Policy and Procedure 6200.

((Special permits are valid only in the areas specified, on the date(s) specified on the permits, and when displayed on the dashboard of the vehicle. Vehicles operated by students, faculty and staff members must display a regular student or faculty/staff permit in addition to the special permit.

(1) Car pool permits may be issued to faculty, staff and students. All members of the carpool must appear in person when applying for the permit. One transferable permit will be issued by the public safety office for each car pool. This permit is transferable only among the registered members of the car pool. This permit must be displayed in accordance with the instructions provided with the permit. Each carpool vehicle must also display a regular student or faculty/staff permit.

(2) Handicapped parking permits. As of Fall 1995, BCC no longer issues special parking permits for disabled students, faculty, or staff. Only vehicles displaying a valid state of Washington placard may park in spaces designated for the disabled.

(3) Visitor permits. One-day parking permits may be requested from public safety and given to visitors attending conferences, interviews, etc. These permits are valid in faculty/staff lots except E-1.

(4) Other special permits. Public safety may issue special permits to faculty members, staff, students, parents of child care or headstart participants, volunteers working in BCC programs, or vendors if issuing such permits enhances the operation of the college.

(5) Temporary permits. Drivers needing to leave vehicles on campus overnight or for extended periods of time (e.g., because the vehicle is inoperable, or because the driver will participate in a field trip) may request temporary parking permits from public safety. Drivers may also request temporary permits if they will be using a borrowed or rented vehicle.

(6) Special events. The public safety office will assist college divisions which sponsor functions such as conferences, seminars, dinners, and similar events, in arranging reserved parking and direction signs as appropriate. Requests for such assistance must be received in public safety at least forty-eight hours in advance.))

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-351, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-351, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-352   Permit revocations.   Parking permits are the property of the college, and may be recalled by the vice-president of administrative services or his or her designee ((for any of the following reasons:

(1) When the purpose for which the permit was issued no longer exists.

(2) When a permit is used by an unauthorized individual.

(3) Falsification on a parking permit application.

(4) Repeated violation of parking and traffic regulations.

(5) Counterfeiting or altering of permits.

(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer.

Parking permit revocations may be appealed to the citation review committee and to the institutional hearing officer)) under Bellevue College Policy and Procedure 6200.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-352, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-352, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending Order 115, Resolution No. 206, filed 6/17/92, effective 7/18/92)

WAC 132H-116-353   Right to appeal revocation.   Parking permit revocations under this chapter may be appealed ((pursuant to the procedures in WAC 132H-120-062)) under Bellevue College Policy and Procedure 6200.

[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-353, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-354   Transfer of permits.   (1) With the exception of carpool permits, parking permits are not transferable. If a vehicle is sold or traded, a replacement permit will be issued to the permit holder ((if he/she:

(a) Records invalid permit number;

(b) Removes invalid permit; and

(c) Brings invalid permit or remnant thereof to public safety. Public safety will then issue a replacement permit and [the] permit holder will then be registered under the new number)) upon notification.

(2) Permits may be reissued as authorized by the director of public safety.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-354, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-354, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending Order 115, Resolution No. 206, filed 6/17/92, effective 7/18/92)

WAC 132H-116-355   Responsibility ((of person to whom permit issued)) for vehicles.   The person to whom a permit is issued is responsible for the vehicle upon which the permit is affixed. He or she shall be held responsible for all violations of these rules and regulations charged to that vehicle. However, the operator of a vehicle will not be relieved of responsibility for violating any rule or regulation of this chapter simply because he or she is not also the holder of the permit.

[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-355, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-356   Display of permits.   (((1) Student or faculty/staff permits. The vehicle permit issued by the college shall be affixed to the inside of the rear window on the lower left corner. If the vehicle is a convertible or a truck-camper or has no permanently fixed rear window, the permit shall be affixed to the front windshield.)) The permit issued by the college shall be displayed in accordance with the instructions issued with the permit. Permits not displayed in accordance with the provisions of this section shall not be valid and vehicles displaying the improperly placed permit shall be subject to citation.

(((2) Temporary or special permits. The temporary permit shall be displayed on the dashboard of the vehicle in such a way that it is legible from outside the vehicle.))

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-356, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-356, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending Order 115, Resolution No. 206, filed 6/17/92, effective 7/18/92)

WAC 132H-116-357   Parking fees.   Parking fees may be adopted by the board of trustees((, specifying the charge per quarter and year)).

[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-357, filed 6/17/92, effective 7/18/92.]


NEW SECTION
WAC 132H-116-358   Disability parking.   Only vehicles displaying a valid state of Washington disability parking placard or license plate may park in spaces designated for the disabled. Vehicles displaying a valid state of Washington disability parking placard or license plate may park in designated parking areas pursuant to Bellevue College Policy and Procedure 6200 and RCW 46.16.381.

[]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-360   Visitors(( -- Exemption from permit requirements)).   (((1) The director of public safety may allow visitors without permits to drive through the campus without parking.

(2) The director of public safety or his or her designee may require visitors to wait at the entrances to the campus during times when pedestrian and/or vehicular traffic congestion is above normal. (See WAC 132H-116-430.)

(3) Guests of the college who are present to attend a conference, interview, etc., may be issued visitor permits valid for faculty/staff parking lots.

(4) Visitors on brief errands to campus may park in any student lot.)) Visitors are subject to the visitor parking regulations of Bellevue College under Bellevue College Policy and Procedure 6200.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-360, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-360, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-360, filed 8/10/76.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-405   Allocation of parking spaces.   ((The)) Parking ((space available on the campus)) shall be allocated by the vice-president of administrative services or his or her designee ((in such manner as will best obtain)) consistent with the objectives of these regulations. ((The vice-president of administrative services or his or her designee is further authorized to designate and mark the various parking areas on the campus with numbers or titles or both. This includes the authorization to reserve certain areas for vehicles displaying certain special permits.))

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-405, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-405, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-410   Parking within designated spaces.   (1) No vehicle shall be parked on the campus except in those areas set aside and designated as parking areas.

(2) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this section.

(3) No vehicle shall be parked at any time in campus roadways, fire lanes, bus zones, loading zones, or service driveways; or on sidewalks; or in the landscaping except emergency vehicles and designated service vehicles.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-410, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-410, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-410, filed 8/10/76.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-415   ((Day and evening)) Parking by permit type.   Students, staff and faculty may obtain ((day and/or evening)) parking on campus to the extent spaces are available as follows:

(1) Student ((daytime)) parking permit validity is limited to areas designated student parking.

(2) Staff/faculty ((daytime)) parking permit validity is limited to areas designated staff/faculty parking.

(3) ((Evening parking, after 3:00 p.m., for students, staff and faculty is available in all designated parking areas with the exceptions of the parking spaces for the handicapped, the college motor pool, and specifically signed reserved areas. Students may not park in those lots designated as "staff/faculty parking" with signage stating "no student parking anytime Mon-Fri.")) Temporary parking permit validity is limited to the areas designated in the issuance of the permit.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-415, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-415, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-431   Regulatory signs, markings, barricades, etc.   (1) The ((director of campus operations is)) vice-president of administrative services and his or her designees are authorized to erect signs, barricades, and other structures and to paint marks and other directions upon the streets and parking areas owned ((and)), operated, and maintained by the college. ((Such signs, barricades, structures, markings, and directions shall be so made and placed as in the opinion of the director of campus operations will best achieve the goals of these regulations.))

(2) Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions erected pursuant to this section. Drivers shall also comply with directions given to them by a campus public safety officer or other public safety personnel controlling and regulating traffic or parking.

(3) No person without authorization from the director of campus operations shall move, deface, or in any other way change a sign, barricade, structure, marking or direction so placed, or previously placed, for the purpose of regulating traffic or parking.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-431, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-431, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-470   Exceptions to parking and traffic restrictions.   The regulations governing permits and parking within designated spaces shall not apply to the drivers of state-owned vehicles operated by Bellevue ((Community)) College in the performance of assigned functions.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-470, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-470, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-470, filed 8/10/76.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-590   Motorcycles, bicycles, scooters.   (1) Motorcycles, bicycles and scooters are for the purpose of these regulations considered to be motor vehicles and are subject to all traffic and parking rules and regulations controlling other motor vehicles and Bellevue College Policy and Procedure 6200.

(2) Motorcycles and motorized scooters ((may)) must be parked in designated areas ((in addition to the regular parking lots)).

(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas or in buildings at any time.

(4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and/or a fine imposed upon the owner.

(5) No bicycles or foot propelled devices shall be operated on or in campus walkways, corridors, hallways or buildings unless their use is required as part of the educational process in an authorized program.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-590, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-590, filed 6/17/92, effective 7/18/92. Statutory Authority: RCW 28B.50.140. 82-04-005 (Order 75, Resolution No. 143), 132H-116-590, filed 1/21/82; Order 43, 132H-116-590, filed 8/10/76.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-615   Issuance of traffic citations.   Upon ((probable)) reasonable cause to believe that a violation of these rules and regulations has occurred, the vice-president of administrative services and/or duly appointed public safety officers may issue citations ((setting forth the date, the approximate time, the locality, the nature of the violation, the permit number, license number, infraction, officer, and the amount fine(s), by attaching or affixing a copy thereof to the vehicle allegedly involved in such violation, by placing a copy thereof in some prominent place within such vehicle, by mail, or by personal service)) under Bellevue College Policy and Procedure 6200.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-615, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-615, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-620   Fines, penalties and impounding.   (1) The current schedule and fines for parking and traffic violations shall be published by the college and made available for review in the public safety office.

(2) An individual receiving a parking and traffic citation must pay all fines ((listed on the citation notice within twenty calendar days after the date on the citation notice unless he/she elects to)). Any person may file an appeal ((the)) for any parking citation under Bellevue College Policy and Procedure 6200. ((Payments should be taken or mailed to the cashiering office.))

(3) If any citation remains unpaid after ((twenty calendar days from the date of the citation)) the deadline issued on the citation or after any appeal, Bellevue ((Community)) College may take ((any of the following)) actions including, but not limited to:

(a) Withhold degrees, transcripts, grades, refunds, and/or credits;

(b) Block or delay registration for the following quarter;

(c) Impound the violator's vehicle;

(d) Deny future parking privileges, whether student or faculty/staff;

(e) Refuse to issue keys to students, faculty or staff;

(f) Send the account to collections.

(4) In addition to imposing fines, the vice-president of administrative services and ((duly appointed)) the director of public safety ((officers)) are authorized to impound, immobilize and take to such place for storage as the director of public safety selects, any vehicles parked on college property in violation of these regulations with the following stipulations and under Bellevue College Policy and Procedure 6200:

(a) The expenses of such impounding, immobilization and storage shall be charged to the owner or operator of the vehicle and must be paid prior to the vehicle's release.

(b) The college shall not be liable for loss or damage of any kind resulting from such impounding, immobilization or storage.

(c) Impoundment of a vehicle does not remove the obligation for any fines associated with the violation.

(((d) Grounds for impounding vehicles shall include, but not be limited to the following:

(i) Blocking a roadway so as to impede the flow of traffic;

(ii) Blocking a walkway so as to impede the flow of pedestrian traffic;

(iii) Blocking a fire hydrant or fire lane;

(iv) Creating a safety hazard in the opinion of a public safety officer;

(v) Blocking another legally parked vehicle;

(vi) Parking in a marked "tow-away" zone.))

(5) An accumulation of traffic violations by a student will be cause for disciplinary action, and the vice-president of administrative services or his or her designee may initiate disciplinary proceedings against such students.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-620, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-620, filed 6/17/92, effective 7/18/92. Statutory Authority: RCW 28B.50.140. 82-04-005 (Order 75, Resolution No. 143), 132H-116-620, filed 1/21/82; 79-10-052 (Order 63, Resolution No. 120), 132H-116-620, filed 9/17/79; Order 54, 132H-116-620, filed 12/9/77; Order 43, 132H-116-620, filed 8/10/76. Formerly WAC 132H-116-160.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-630   Appeals of fines and penalties.   (1) Right to appeal. Anyone who has received a citation for an alleged violation of these parking and traffic rules has the right to appeal under Bellevue College Policy and Procedure 6200. ((Appeals must be made in writing and must be submitted to administrative services within twenty calendar days after the date of the citation. Appeal forms are available from the public safety, cashiering and administrative services offices.

If the alleged violator has paid the fine(s) associated with the parking and traffic citation, he/she has forfeited the right to appeal the citation.))

(2) Citation review committee. Appeals shall be considered by the ((BCC)) Bellevue College citation review committee((, which is made up of two students (one the ASBCC chief justice), a faculty representative and a classified staff representative. The citation review committee shall hold hearings regularly throughout the academic year. The committee shall consider each appeal on its merits based upon these parking and traffic regulations. Appellants shall be notified on the hearing dates so that they may state their cases and present any additional evidence in person. The committee shall decide the cases of appellants who do not attend the hearing in person based on the statements given on the appeal form, with no penalty for nonappearance. Appellants who do not attend the hearing shall be sent written notification of the committee's decision)).

The citation review committee may uphold, reduce, or waive the fine(s) associated with the parking and traffic citation. Any fine(s) still levied against the appellant must be paid within ((fifteen calendar days after the date of the hearing)) the deadline unless the appellant wishes to pursue a second-level appeal under Bellevue College Policy and Procedure 6200. Nonpayment after ((fifteen calendar days)) the deadline has passed may result in any of the college actions ((listed)) referred to under WAC 132H-116-620.

(3) Second level appeal. An appellant who is not satisfied with the decision of the citation review committee has the right to a second-level appeal before the institutional hearing officer appointed by the president of Bellevue ((Community)) College under Bellevue College Policy and Procedure 6200. ((The appellant must contact the institutional hearing officer within fifteen calendar days after the citation review committee hearing to request a second-level appeal. The institutional hearing officer shall notify the appellant of his/her decision in writing. The institutional hearing officer's decision is final.))

Any appellant who has paid the fine(s) confirmed or set by the citation review committee has forfeited the right to a second-level appeal.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-630, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-630, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-630, filed 8/10/76. Formerly WAC 132H-116-170.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-655   Report of accident and theft.   The operator of any vehicle involved in an accident on campus ((resulting in injury to or death of any person or total or claimed damage to either or both vehicles of $500,)) shall within twenty-four hours report such accident to the public safety department under Bellevue College Policy and Procedure 6200. This does not relieve any person so involved in an accident from his or her responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

Students, faculty, staff, and visitors should report any theft of or out of vehicles to the public safety department promptly.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-655, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-655, filed 6/17/92, effective 7/18/92.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-750   Delegation of authority.   The authority and powers conferred upon the ((director of campus operations)) vice-president of administrative services or the director of public safety by these regulations may be delegated by them to their subordinates.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-750, filed 12/11/03, effective 1/11/04. Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-750, filed 6/17/92, effective 7/18/92; Order 43, 132H-116-750, filed 8/10/76.]


AMENDATORY SECTION(Amending WSR 04-01-046, filed 12/11/03, effective 1/11/04)

WAC 132H-116-790   Prohibition of literature.   Distribution of literature by placing ((the same)) unauthorized literature on motor vehicles parked on the premises of Bellevue ((Community)) College is hereby prohibited. Literature includes but is not limited to:

(1) Pamphlets

(2) Flyers

(3) Stickers.

[Statutory Authority: RCW 28B.50.140. 04-01-046, 132H-116-790, filed 12/11/03, effective 1/11/04; Order 43, 132H-116-790, filed 8/10/76.]


AMENDATORY SECTION(Amending Order 115, Resolution No. 206, filed 6/17/92, effective 7/18/92)

WAC 132H-116-791   Enforcement.   Parking rules and regulations will be ((enforced)) enforceable throughout the calendar year. Parking and traffic rules and regulations are ((enforced)) enforceable on a twenty-four hour daily basis.

[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), 132H-116-791, filed 6/17/92, effective 7/18/92.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132H-116-730 Regulatory signs, markings, barricades, etc.

Washington State Code Reviser's Office