WSR 15-09-097
PROPOSED RULES
COMMUNITY COLLEGES
OF SPOKANE
[Filed April 20, 2015, 11:17 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-046.
Title of Rule and Other Identifying Information: Chapter 132Q-20 WAC, Traffic rules and regulations.
Hearing Location(s): Community Colleges of Spokane (CCS) Board of Trustees Meeting, The Lodge Building, 3305 West Fort George Wright Drive, Spokane, WA, on June 16, 2015, at 8:30 a.m.
Date of Intended Adoption: June 16, 2015.
Submit Written Comments to: Kathleen Roberson, CCS, Mailstop 1006, P.O. Box 6000, Spokane, WA 99217-6000, e-mail kathleen.roberson@ccs.spokane.edu, fax (509) 434-5279, by June 5, 2015.
Assistance for Persons with Disabilities: Contact Kathleen Roberson by June 5, 2015, (509) 434-5275.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to reflect the centralization of security operations including title changes and protocol for parking enforcement appeals.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: CCS, governmental.
Name of Agency Personnel Responsible for Drafting: Kathleen Roberson, 501 North Riverpoint Boulevard, Suite 204, Spokane, WA 99202, (509) 434-5275; Implementation and Enforcement: CCS, 501 North Riverpoint Boulevard, Suite 204, Spokane, WA 99202, (509) 434-5275.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for these college rules under RCW 19.85.030.
A cost-benefit analysis is not required under RCW 34.05.328. CCS is not a listed agency under RCW 34.05.328 and is therefore exempt from this provision.
April 20, 2015
Kathleen Roberson
Executive Assistant to the
Chief Financial Officer
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-060 Valid permit.
A valid CCS parking permit is:
(1) An unexpired student or employee parking permit registered and properly displayed; or
(2) A visitor or special parking permit authorized by the ((appropriate vice-president)) chief administration officer or designee, and properly displayed; or
(3) An invited guest or vendor parking permit issued by the sponsoring department and authorized by the ((appropriate vice-president)) chief administration officer or designee, and properly displayed.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-090 Permit revocation.
Parking permits are the property of CCS and may be recalled by the ((appropriate vice-president)) chief administration officer or designee for any of the following reasons:
(1) When the purpose for which the permit was issued changes or no longer exists; or
(2) When a permit is used for an unregistered vehicle or by an unauthorized individual; or
(3) Falsification on a parking permit application; or
(4) Continued violations of parking regulations; or
(5) Counterfeiting or altering a parking permit.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-110 Right to appeal permit revocation/refusal.
When a student parking permit has been recalled pursuant to WAC 132Q-20-090, or has been refused in accordance with WAC 132Q-20-100, or when a fine or penalty has been levied against a violator of the rules set forth in this chapter, such action by the ((appropriate vice-president)) chief administration officer or designee, may be appealed pursuant to WAC 132Q-108-050. Employees of Community Colleges of Spokane shall appeal permit revocations, refusals to grant permits, and fines or penalties levied for violations to the ((appropriate vice-president)) chief administration officer whose decision on the matter is final.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-130 Designation of parking spaces.
The parking spaces available on campus shall be designated and allocated by the ((appropriate vice-president)) chief administration officer or designee, in such a manner that best achieves the objectives of the rules in this chapter.
(1) Faculty, staff, student, and visitor spaces are designated for their use; and
(2) Parking spaces for the exclusive use by persons of disability are designated;
(3) A CCS parking permit along with an official state disabled parking permit allows the permit holder to park in any designated employee or disabled parking space;
(4) Other special use spaces may be designated; and
(5) Parking at metered parking requires payment.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-150 Parking hours.
Parking permits are required to park at CCS facilities between the hours of 6:30 a.m. and 5:00 p.m. Monday through Friday. The rules and regulations pertaining to the use of certain parking permits in specific areas are contained in WAC 132Q-20-130. Students and employees may park in any of the spaces or stalls designated in WAC 132Q-20-140 ((except visitor's areas)) on a first-come, first-served basis after 3:30 p.m. Custodial and authorized employees may park on campus from 10:00 p.m. to 6:30 a.m., and are required to follow regular parking regulations and obtain parking permits.
AMENDATORY SECTION (Amending WSR 00-14-007, filed 6/26/00, effective 7/27/00)
WAC 132Q-20-160 Overnight parking.
Overnight parking is prohibited except when approval is granted by the ((appropriate vice-president)) chief administration officer or designee.
AMENDATORY SECTION (Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)
WAC 132Q-20-170 Regulatory signs and directions.
The ((appropriate vice-president)) chief administration officer or designee is authorized to erect signs, barricades and other structures and to paint marks or other directions upon the entry ways and streets on campus and upon the various parking lots owned, leased or operated by the colleges. Such signs, barricades, structures, markings, and directions, shall be made and placed to best achieve the objectives stated in WAC 132Q-20-010 and the rules and regulations contained in this chapter.
Drivers of vehicles shall observe and obey the signs, barricades, structures, markings and directions erected pursuant to this section. Drivers shall also comply with the directions given them by the campus patrol in the control and regulation of traffic.
AMENDATORY SECTION (Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)
WAC 132Q-20-180 Speed limit.
No vehicle shall be operated on the campuses at a speed in excess of the posted speed limit or such slower speed as is reasonable and prudent in the circumstances. No person operating a vehicle of any type shall at any time use the campus parking lots for testing, racing, or other unauthorized activities unless authorized by the ((appropriate vice-president)) chief administration officer or designee.
AMENDATORY SECTION (Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)
WAC 132Q-20-200 Special traffic and parking regulations and restrictions authorized.
When special occasions create additional and/or heavy traffic and during emergencies, the ((appropriate vice-president)) chief administration officer or designee, is authorized to impose additional traffic and parking regulations and restrictions to achieve the objectives specified in WAC 132Q-20-010.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-210 Two-wheeled motor bikes or bicycles.
(1) All two-wheeled vehicles powered by a motor shall park in a space designated for motorcycles only.
(2) Only vehicles authorized by the ((appropriate vice-president)) chief administration officer or designee may be driven or ridden on campus sidewalks.
(3) Skateboards and roller blades/skates are not permitted on campus.
AMENDATORY SECTION (Amending WSR 12-04-024, filed 1/25/12, effective 2/25/12)
WAC 132Q-20-220 Report of accidents.
The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total of claimed damage to either or both vehicles exceeding the reporting threshold for property damage accidents pursuant to state patrol WAC 446-85-010, shall immediately report the accident to the ((appropriate vice-president)) chief administration officer or designee, and shall within twenty-four hours after such accident, file a state of Washington motor vehicle accident report if required.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-240 Enforcement.
(1) Enforcement of the parking rules is continuous throughout the year.
(2) The ((appropriate vice-president)) chief administration officer or designee shall be responsible for the enforcement of the rules contained in this chapter.
AMENDATORY SECTION (Amending WSR 11-23-162, filed 11/22/11, effective 12/23/11)
WAC 132Q-20-260 Fines and penalties violations.
(1) Fines may be levied by the ((appropriate vice-president)) chief administration officer or designee for all violations of the rules contained in this chapter. A current schedule of fines is available from the campus safety office.
(2) Violators have the right to due process and may appeal to the college parking appeals board created in WAC 132Q-20-265, whose decision is final.
(3) Vehicles parked on any campus in violation of any of the rules contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the campus safety office. If a vehicle is impounded, it may be taken to such place for storage as the ((appropriate vice-president)) chief administration officer or designee selects. The expenses of such impounding and storage shall be the sole responsibility of the owner or operator of the vehicle. CCS shall not be liable for loss or damage of any kind resulting from such impounding and storage.
(4) At the discretion of the ((appropriate vice-president)) chief administration officer or designee, an accumulation of traffic violations by a student may be cause for disciplinary action, pursuant to chapter 132Q-30 WAC. In the case of students, failure to pay fines shall be grounds for the college, in addition to disciplinary action, to deny admission to CCS, registration, official transcripts, graduation or other administrative action. Failure to pay fines may result in the refusal to issue a permit.
(5) For students and employees, refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action.
AMENDATORY SECTION (Amending WSR 13-15-150, filed 7/23/13, effective 8/23/13)
WAC 132Q-20-265 Appeals.
(1) ((Each college)) CCS shall establish a parking appeals board consisting of no less than ((three)) seven members ((appointed by the president)). The appeals board membership shall ((be evenly balanced among faculty, students and classified staff)) consist of one faculty, one student and one classified staff from each college as appointed by that college's president, as well as one noncampus employee appointed by the chancellor.
(2) The parking appeals boards shall use criteria on which to fairly judge appeals including, but not limited to:
(a) Did an institutional error occur?
(b) Were there extenuating circumstances that caused the error to occur?
(c) Did the person make a good faith effort to comply with the parking rules?