[Filed February 12, 2020, 11:56 a.m., effective March 14, 2020]

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

Purpose: This change to the rules is needed to update rules governing parking on the capitol grounds in order to:


•	Align the rules with current parking practices, policies and statutory requirements;
•	Not present barriers when implementing improved processes and practices;
•	Make sure the rules are easily and quickly understood; and
•	Not replicate/duplicate other parking requirements.

Citation of Rules Affected by this Order: Repealing WAC 200-200-600 Effective date; and amending WAC 200-200-015 Definitions, 200-200-020 Objectives of traffic regulations, 200-200-030 Traffic control, 200-200-070 Speed, 200-200-080 Regulatory signs and directions, 200-200-085 Marking, 200-200-140 Special traffic and parking regulations and restrictions authorized, 200-200-186 Parking time limits in metered areas, 200-200-187 Parking and spaces, 200-200-188 Tourists and visitors, 200-200-190 Parking within designated spaces, 200-200-200 Authorization for issuance of permits, 200-200-220 Allocation of parking permits, 200-200-350 General, 200-200-351 Impoundment without prior notice, 200-200-360 Parking infractions and fines—Towing, 200-200-361 Suspension and/or revocation of parking privileges, and 200-200-371 Hearing procedure—Suspension and/or revocation of parking privileges and removal, suspension, or revocation from parking waiting list.

Statutory Authority for Adoption: RCW 43.19.125 Capitol buildings and grounds—Custody and control, 46.08.150 Control of traffic on capitol grounds, and 43.19.011 Director—Powers and duties, 46.08.020 Precedence over local vehicle and traffic regulations.

Other Authority: RCW 46.08.150 Control of traffic on capitol grounds.

Adopted under notice filed as WSR 20-01-174 on December 18, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 19, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 19, Repealed 1.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 12, 2020.

Policy and Rules Manager

AMENDATORY SECTION(Amending WSR 15-23-062, filed 11/13/15, effective 12/14/15)

WAC 200-200-015Definitions.

As used in this chapter, the following terms shall mean:

(1) "Building and grounds," "state capitol grounds," "capitol campus" defined. Those buildings and grounds over which the department of enterprise services exercises custody and control under RCW 43.19.125, 46.08.150, 79.24.300 through 79.24.320, and 79.24.710, which includes, but is not limited to, the west capitol campus, the east capitol campus, Sylvester Park, the Old Capitol Building, Capitol Lake, Marathon Park, Heritage Park, Centennial Park, ways open to the public, and adjoining lands and roadways, including the portion of Deschutes Parkway adjoining state lands.

(2) "Director" defined. The director of the department of enterprise services and any designee of the director.

(((2)))(3) "Disabled" defined. Any person who has made application to the department of licensing and displays a valid permit under chapter 46.19 RCW.

(4) "Employee" defined. Any person assigned to a state facility, including state employees, vendors and their staff, concessionaires, contractors and consultants, who are performing duties that are similar to the duties of state employees or that are in direct support of the state agency functions performed at the facility.

(5) "Impound"/"impoundment" defined. To take and hold ((an unauthorized vehicle in legal custody))a vehicle, consistent with law, at the direction of a law enforcement officer, the director or designee, subject to the procedures outlined in this chapter and in chapter 46.55 RCW. Such definition includes towing of an unauthorized vehicle.

(((3) "Presiding officer" defined. Pursuant to RCW 34.05.485, a "presiding officer" is an individual(s) who is appointed by the director to preside over administrative hearings and render a decision regarding the suspension or revocation of parking privileges and removal, suspension, or revocation from parking waiting list under this chapter.

(4) "Reviewing officer" defined. Pursuant to RCW 34.05.491, a "reviewing officer" is an individual(s) who is appointed by the director to review the decisions by the presiding officer and is authorized to grant appropriate administrative relief upon review.

(5) "State capitol grounds" defined. Those grounds owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, Sylvester Park, the Old Capitol Building and Capitol Lake, ways open to the public and specified adjoining lands and roadways.

(6) "Unauthorized vehicle defined." An "unauthorized vehicle" is a vehicle which is parked for any length of time on state capitol grounds and:

(a) Does not display the permit required for that area; and/or

(b) Is not otherwise authorized to park in that area; and/or

(c) Is parked in a metered parking area for a consecutive period longer than the time permitted for parking in that area; and/or

(d) Is parked in a metered parking area with insufficient payment to use the space it occupies; and/or

(e) Is parked in a parking space designated for disabled individuals and such vehicle does not display a valid special license plate or placard; and/or

(f) Is parked in a parking space reserved for use by another vehicle; and/or

(g) Is parked in an area not designated for parking.

(7)))(6) "Vehicle" defined. ((All mechanical transportation devices defined as vehicles in the motor vehicle laws and of the state of Washington including motorcycles and motor-driven cycles.))Vehicle is defined the same as RCW 46.04.670 as amended by chapter 170, Laws of 2019, which includes bicycles among other vehicles.

(7) "Visitor" defined. Any person parking on the capitol campus or visiting a state facility who is not employed by the state or any employee whose primary duty station not located on the capitol campus at that facility.

(8) "Way open to the public ((defined.))" defined. Any road, alley, lane, parking area, parking structure, path, or any place private or otherwise adapted to and fitted for travel that is in common use by the public with the consent expressed or implied of the owner or owners, and further shall mean public play grounds, school grounds, recreation grounds, parks, park ways, park drives, park paths.

(((9) "Employee defined." Any person assigned to a state facility, including state employees and the staff of vendors, concessionaires, contractors and consultants, who are performing duties that are similar to the duties of state employees or that are in direct support of the state agency functions performed at the facility.

(10) "Disabled defined." Any person who has made application to the department of licensing and displays a valid permit.

(11) "Visitor defined." Any person parking at a state facility who is not employed at that facility.))

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-020Objectives of traffic regulations.

The objectives of these traffic regulations are:

(1) To protect and control pedestrian and vehicular traffic;

(2) To ((assure access at all times for))make sure emergency equipment is accessible at all times;

(3) To facilitate the work of state government by assuring access for its vehicles and those of its employees and visitors and by assigning the limited parking space for the most efficient use.

(4) To promote energy conservation.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-030Traffic control.

The motor vehicle laws and other traffic laws of the state of Washington codified under Title 46 RCW, Motor vehicles and other locations are applicable to pedestrian and vehicular traffic on the state capitol grounds, and are hereby adopted and made a part hereof by reference. In case of conflict between the provisions of the motor vehicle laws or other traffic laws of the state of Washington and these regulations, the laws of Washington shall govern.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-070Speed.

Vehicles on the state capitol grounds may not be operated at a speed in excess of 20 miles per hour ((or in excess of such lower speed as is reasonable and prudent in the circumstances or as may be))unless otherwise posted. Vehicles in parking garages and lots located on the state capitol grounds may not be operated at a speed in excess of 12 miles per hour.

AMENDATORY SECTION(Amending WSR 15-23-062, filed 11/13/15, effective 12/14/15)

WAC 200-200-080Regulatory signs, markings, barricades, and directions.

Pedestrians and drivers of vehicles shall obey regulatory signs ((posted)), markings, and barricades placed by the director. Pedestrians and drivers of vehicles shall also comply with directions given in the control and regulation of traffic by uniformed state patrol officers and department of enterprise services parking controllers. No person shall move or alter any sign, barricade or other structure used for traffic and/or parking regulation, including painted stripes or marking utilized in traffic and parking control, without the authorization of the director.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-085Marking.

The marking of streets, parking lots and garages shall ((be as follows))include, but not be limited to, the following:

(1) Yellow areas—No standing.

(2) White areas—Crosswalks (no stopping in crosswalks) and parking stalls (no stopping in parking stalls without a permit or payment of fee).

(3) White areas with hash marks or stripes (ADA stall permitted use only).

(4) Red areas—((No stopping.))Emergency parking only and fire lanes (no stopping in emergency parking and fire lanes).

(5) Green areas—Electric vehicle stalls for charging purposes in accordance to RCW 46.08.185.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-140((Special))Temporary traffic and parking regulations and restrictions authorized.

((Upon special occasions causing additional heavy traffic and during emergencies))As determined appropriate for the management of the state capitol buildings and grounds, the director may impose ((emergency))temporary traffic and parking regulations and restrictions.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-186Parking time limits in metered areas or areas subject to a time restriction.

((On normal working days between 7:00 a.m. and 5:00 p.m.,))(1) No person or entity shall park any vehicle on the state capitol grounds or in any area designated as metered parking for a consecutive period of time longer than that period of time for which parking is permitted in such areas, irrespective of the amount of time for which parking has been paid.

(2) Vehicles moved from one parking space to another or from one lot to another shall be assumed to have been parked continuously from the time they are initially parked in any ((metered))time restricted area.

(3) A showing that the time period between when a vehicle is twice found parked in any ((metered))time restricted area(((s))) on the same day is more than the time allowed for parking in ((metered))time restricted areas shall constitute a prima facie presumption that the vehicle has been parked in violation of this section.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-187Parking zones, areas, and spaces.

The director ((shall))may formulate plans for the marking and numbering of parking zones, areas, and spaces and ((shall)) designate parking zones, areas, and spaces for visitors, service vehicles, employees, and others ((as well as)). The director may establish parking restrictions and designate zones, areas, and spaces in which parking is prohibited and vehicles are subject to impound. The director may designate and set aside specific parking and travel areas for vehicles for ((motorcycles, motor-driven cycles, and/or bicycles, and they may be operated or parked only in those))specific purposes and may restrict their parking or operations to specified areas.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-188Tourists and visitors.

Tourists and visitors may park vehicles ((without fee in))in any free or pay areas designated for their use, subject to the traffic and control regulations((, or in metered parking areas on the state capitol grounds provided, however, that the prescribed parking fee shall be paid prior to parking. Employees of the state of Washington who are employed on the state capitol grounds may not park in spaces set aside and marked for visitors, tourists, and other special purposes between the hours of 7:00 a.m. and 5:00 p.m. on normal working days, unless authorized to do so by the director)).

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-190Parking within designated spaces.

No vehicle shall be parked regardless of size so as to occupy any portion of more than one parking space as designated in the parking area, or so as to occupy any portion of a fire lane or other area in which parking is prohibited. No parking space shall be occupied by more than one vehicle at any given time, except as authorized by the director. Failure to comply with this rule constitutes a traffic violation pursuant to RCW 46.08.170.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-200Authorization for issuance of permits.

All parking on state capitol grounds ((excluding parking in metered areas)) shall be authorized through the issuance of valid parking permits unless otherwise authorized. These permits shall be issued by the director to state officials, state employees, state agencies for official cars, and to such other individuals as determined by the director to require parking to aid in carrying out state business. These permits shall not be transferred from one vehicle to another except as authorized by the director. All parking subject to permit on state capitol grounds shall be for official purposes only. Parking spaces may not be used for other purposes such as the conduct of private business or the storage of personal property.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-220Allocation of parking permits.

Parking permits shall be allocated by the director in such manner as will best ((effectuate))achieve the objectives of these regulations. Unless in the director's opinion the objectives of these regulations would otherwise be better served, the director shall observe the following priorities in the issuance of permits:

(1) Disabled state employees and officials;

(2) Car pools consisting of three or more persons per vehicle;

(3) Other state employees, state officials, state agencies, and nonstate parkers.

AMENDATORY SECTION(Amending WSR 19-14-004, filed 6/20/19, effective 6/20/19)

WAC 200-200-235Permits for demonstrations, parades, processions.

In order ((not)) to not disrupt the orderly flow of pedestrian or vehicular traffic on the state capitol grounds, a person or group of persons desiring to conduct a demonstration, parade or procession of seventy-five or more people on the state capitol grounds shall apply to the department for a permit using the process outlined in chapter ((200-200))200-220 WAC.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-350((General.))Capitol campus employees.

((Parking regulations on state capitol grounds are subject to enforcement between 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding holidays.))Employees assigned to a state facility located on the capitol campus may not park in spaces set aside and marked for visitors, tourists, and other special purposes unless authorized to do so by the director.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-351Impoundment without prior notice.

A vehicle may be impounded without prior notice having been made to notify the owner of the possibility of this action in the following circumstances:

(1) When in the judgment of the Washington state patrol the vehicle is obstructing or may impede the flow of traffic; ((or))

(2) When in the judgment of the Washington state patrol the vehicle poses an immediate threat to public safety; or

(3) When otherwise allowed by law.

AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)

WAC 200-200-360Parking infractions and fines—Towing.

Any ((unauthorized vehicle, as defined in this chapter, shall))vehicle in violation of this chapter may be cited for a traffic infraction ((in accordance with RCW 46.08.170. Repeat offenders are those receiving more than three notices of traffic infractions within a twelve-month period. Repeat offenders are subject to towing in accordance with chapter 46.55 RCW))and subject to impoundment as provided by law under RCW 46.08.170.

AMENDATORY SECTION(Amending WSR 15-23-062, filed 11/13/15, effective 12/14/15)

WAC 200-200-361Suspension and/or revocation of parking privileges.

Repeated use of assigned parking spaces by unauthorized vehicles or for nonofficial purposes or for the storage of personal property and/or the repeated transfer of parking permits from one vehicle to another ((and/or being a repeat offender)) as defined in WAC 200-200-360 may result in the suspension or revocation of parking privileges. Violations may result in suspension and/or revocation of any permits issued to the violator and/or removal, suspension, and/or revocation from the parking waiting list for parking on state capitol grounds.

AMENDATORY SECTION(Amending WSR 15-23-062, filed 11/13/15, effective 12/14/15)

WAC 200-200-371Hearing procedure—Suspension and/or revocation of parking privileges and removal, suspension, or revocation from parking waiting list.

(((1))) Contested hearings held pursuant to WAC 200-200-370 shall be conducted as brief adjudicative proceedings according to RCW 34.05.482((, 34.05.485, 34.05.488, 34.05.491 and 34.05.494.

(2) Upon receipt of a written request for a hearing, the presiding officer shall provide the contesting party an opportunity to be informed of the agency's view of the matter and an opportunity to explain the contesting party's view of the matter.

(3) Within ten days of this opportunity, the presiding officer shall serve upon the contesting party and the agency, a brief written statement of the reasons for the decision. Such statement shall include notice that the contesting party may request an agency administrative review of that decision. The contesting party must request such review either orally or in writing within twenty-one days of service of the written statement. Service is deemed to be completed upon deposit in the United States mail as evidenced by the postmark.

(4) If no agency review is so requested by the contesting party, the agency may, on its own motion, review the brief written statement of the presiding officer. Action less favorable to the contesting party may not be taken by the reviewing officer without notice to that party and an opportunity to explain that party's view of the matter.

(5) If no review is taken by the agency or by the contesting party, then the brief written statement of the presiding officer becomes the final order and no further administrative or judicial review is available.

(6) If review is requested, the reviewing officer shall give the contesting party and the agency an opportunity to present their respective views of the matter. Within twenty-one days of receipt of the request for review, the reviewing officer shall issue a final order which includes a brief statement of the reasons for the decision. The final order shall include notice of any judicial review available under the Administrative Procedure Act, chapter 34.05 RCW.

(7) Any of the time limits set forth in this hearing process may be waived by the contesting party))through 34.05.494.

The following section of the Washington Administrative Code is repealed: