EMERGENCY RULES
Date of Adoption: October 1, 2001.
Purpose: To provide traffic and parking rules specifically for the co-located University of Washington, Bothell/Cascadia Community College campus. Since both institutions share the same campus location and parking infrastructure, the identical new rules are being filed separately - as chapter 478-117 WAC, Parking and traffic rules of the University of Washington, Bothell, and as chapter 132Z-116 WAC for Cascadia Community College. Additionally, the University of Washington seeks to amend WAC 478-108-010, the university's list of matters subject to brief adjudication, by adding the appeals process for parking and traffic violations outlined in the new chapter 478-117 WAC.
Citation of Existing Rules Affected by this Order: Amending WAC 478-108-010.
Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130 for chapter 478-117 WAC, chapter 34.05 RCW for WAC 478-108-010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The University of Washington, Bothell (UWB), and Cascadia Community College (CCC) file these same emergency rules to provide the highest level of safety and general welfare to students, faculty, staff and guests of the UWB/CCC campus. The institutions' administrations need these rules in place immediately to enforce traffic and parking rules on the UWB/CCC campus. With the opening of the lower campus roadway, the amount of traffic has grown significantly. From January to July 2001 the department of public safety made 343 traffic stops. Of these traffic stops 229, or two thirds, were for failure to stop. Many drivers are ignoring stop signs and pedestrian crosswalks. A continued lack of enforcement has resulted in excessive speed on campus roads, endangerment to pedestrians, and illegal access to or use of state property. Consequently, these rules need immediate implementation as we begin the 2001-02 academic year.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 26, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 26, Amended 1, 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 26,
Amended 1,
Repealed 0.
Effective Date of Rule:
October 8, 2001.
October 1, 2001
Richard L. McCormick
President
Chapter 478-108 WACPractice and Procedure
AMENDATORY SECTION(Amending WSR 90-15-005, filed 7/6/90,
effective 8/6/90)
WAC 478-108-010
Matters subject to brief adjudication.
This rule is adopted in accordance with RCW 34.05.479 through
34.05.494, the provisions of which are hereby adopted. Brief
adjudicative procedures shall be used in all matters related to:
(1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;
(2) Appeals from traffic and parking violations as provided for in chapters 478-116 and 478-117 WAC;
(3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;
(4) Proceedings under the animal control policy as detailed in chapter 478-124 WAC;
(5) Requests for reconsideration of admission decisions as provided for in chapter 478-160 WAC;
(6) Appeals of library charges as provided in chapter 478-168 WAC;
(7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;
(8) Federal financial aid appeals as provided for by federal law;
(9) Collection of outstanding debts owed by students or employees; and
(10) Appeals from areas exempt from the rules requirements of chapter 34.05 RCW including standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships (except for all aspects of faculty and librarian employment relationships), and fiscal processes.
[Statutory Authority: Chapter 34.05 RCW. 90-15-005, § 478-108-010, filed 7/6/90, effective 8/6/90.]
Chapter 478-117 WACParking and Traffic Rules of
the University of Washington, Bothell
NEW SECTION
WAC 478-117-005
Authority.
RCW 28B.50.140(10) authorizes
the board of trustees of Cascadia Community College to adopt
rules for pedestrian and vehicular traffic on the college campus.
RCW 28B.10.560 similarly authorizes the board of regents of the
University of Washington to adopt rules governing pedestrian and
vehicular traffic and parking upon lands and facilities of the
university. The rules set forth in this chapter have been
jointly developed and agreed upon by the two institutions of
higher education, and adopted and codified in separate chapters
of the Washington Administrative Code by each of the two
institutions.
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(1) To protect and control pedestrian and vehicular traffic on the campus of University of Washington, Bothell and Cascadia Community College.
(2) To assure access at all times for emergency equipment.
(3) To minimize traffic disturbances.
(4) To facilitate the operation of the institutions by assuring access to vehicles.
(5) To allocate limited parking space for the most efficient use.
(6) To protect state property.
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(1) Campus: The co-located campus of University of Washington, Bothell and Cascadia Community College.
(2) College: Cascadia Community College, and collectively those responsible for its control and operations.
(3) Employee: An employee of the college or the university.
(4) Institutions: The college and the university.
(5) Public safety officers: Employees of the college or the university who are responsible for campus security, safety, and parking and traffic control.
(6) Student: A person enrolled in the college or the university.
(7) University: The University of Washington, Bothell, and collectively those responsible for its control and operations.
(8) Vehicle: An automobile, truck, motorcycle, motorized scooter, or bicycle.
(9) Visitor: A person who is neither an employee nor a student of the college or the university.
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(1) The motor vehicle and other traffic laws of the state of Washington, Title 46 RCW.
(2) The traffic code of the city of Bothell.
(3) The parking and traffic rules in this chapter. If the Washington laws or the Bothell traffic code conflicts with these rules, the Washington laws or the Bothell traffic code shall govern.
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(1) A valid permit is:
(a) A current vehicle permit displayed in accordance with WAC 478-117-110. Vehicle permits are valid until revoked.
(b) A temporary permit authorized by the institutions and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit.
(c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions.
(d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.
(2) Parking permits are not transferable, except as provided in WAC 478-117-060 and 478-117-090.
(3) The college and university reserve the right to refuse to issue parking permits.
(4) This section does not apply to vehicles that the institutions own or operate.
(5) The institutions may allow persons without permits to drive through the campus without parking.
(6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.
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(2) The institutions provide parking for the disabled in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit.
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(1) When the purpose for which the permit was issued changes or no longer exists.
(2) When a permit is used by an unauthorized individual.
(3) Falsification on a parking permit application.
(4) Multiple or continued violations of parking rules.
(5) Counterfeiting or altering permits.
(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer.
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(2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.
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(2) When applicable, the area designator (numeral, letter or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.
(3) Motorcycle and scooter permits shall be registered with the affiliated institution.
(4) Permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed.
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During special occasions causing additional or heavy traffic and during emergencies, the institutions may impose additional traffic and parking policies to achieve the specified objectives of this chapter.
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(2) No vehicle shall be parked so as to occupy any portion of more than one parking space 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 excuse a violation of this section.
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(1) Stopping the engine, locking the ignition, and removing the key.
(2) Effectively setting the brake and transmission to prevent movement of the vehicle.
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(2) No person without authorization from the institutions shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.
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(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass that vehicle.
(3) Where a sidewalk is provided, pedestrians shall proceed upon the sidewalk.
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(2) Motorcycles and motorized scooters may 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 fine imposed upon the owner.
(5) No bicycles or foot-propelled devices shall be operated on campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including but not limited to skateboards, roller skates, and roller blades.
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(2) All fines must be paid as designated on the citation within twenty calendar days from the date of the citation. Fines must be delivered in person to the citation hearing office or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the institution shall impose an additional fine of ten dollars per offense and may:
(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid.
(b) Delay registration for the following quarter.
(c) Impound the violator's vehicle.
(d) Deny future parking privileges to the violator.
(e) Refuse to issue keys to a violator who is an employee or student.
(3) In addition to imposing fines, public safety officers may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release. Grounds for impounding vehicles shall include, but not be limited to the following:
(a) Blocking a roadway so as to impede the flow of traffic.
(b) Blocking a walkway so as to impede the flow of pedestrian traffic.
(c) Blocking a fire hydrant or fire lane.
(d) Creating a safety hazard.
(e) Blocking another legally parked vehicle.
(f) Parking in a marked "tow-away" zone.
(g) Leaving a vehicle unattended on campus for longer than two days.
(h) Failing to pay a fine imposed under this chapter.
Not more than twenty-four hours after impoundment of any vehicle, the institution shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.
(4) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the student's institution.
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(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.
(3) A person wishing to contest the written decision may request a review by contacting the institution in writing within twenty-one days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten days after service of the decision.
(4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten days of service of the final decision, file a written notice with the institution. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.
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