Title 504 WAC — Washington State University

Chapter 504-04 Practice and procedure.

Wash. Admin. Code § 504-04-010 Matters subject to brief adjudication.

The following proceedings are matters to be treated as brief adjudications pursuant to RCW 34.05.482 through 34.05.491:

(1) Student conduct proceedings, except for matters involving sanctions of suspension for greater than ten instructional days, expulsion, revocation of degree, or loss of recognition of a recognized or registered student organization. The procedural rules of chapter 504-26 WAC apply to all student conduct proceedings.

(2) Appeals of residency determinations. If a hearing is required by law or constitutional right, appeals of residency determinations under RCW 28B.15.013 are brief adjudicative proceedings conducted by the office of the registrar.

(3) Appeals of parking violations. Appeals of parking violations are brief adjudicative proceedings conducted pursuant to applicable rules. See WAC 504-13-860, 504-14-860, 504-15-860, and 504-19-860.

(4) Hearings on student records. Hearings pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g are to be brief adjudicative proceedings conducted pursuant to the rules of chapter 504-21 WAC.

(5) Hearings on denial of financial aid. Any hearings required by state or federal law regarding granting, modification or denial of financial aid are brief adjudicative proceedings conducted by the office of student financial services.

(6) Discipline and termination of student employees. When required by law, hearings for the termination of or imposition of disciplinary measures on student employees are brief adjudicative proceedings.

History

Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-04-010, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-04-010, filed 6/15/17, effective 7/16/17
WSR 13-16-089, § 504-04-010, filed 8/6/13, effective 9/6/13
WSR 07-02-034, § 504-04-010, filed 12/26/06, effective 1/26/07. Statutory Authority: RCW 34.05.220, 28B.30.095, 28B.30.125, 28B.10.648, 34.05.250 and 34.05.482. WSR 89-23-117, § 504-04-010, filed 11/22/89, effective 12/23/89.

Wash. Admin. Code § 504-04-020 Appointment of presiding officers for all adjudicative proceedings.

The president of Washington State University or his or her designee has the power to appoint members of the faculty, staff, and student body; administrative law judges; members in good standing of the Washington state bar association; the president or his or her designee; a person or entity with whom the university contracts; or any combination of the above to be presiding officers for formal and brief adjudicative proceedings. When more than one individual is designated to be the presiding officer, one person shall be designated by the president or designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters. The term "presiding officer" as used in this chapter is read in the plural when the context demands.

History

Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-04-020, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-04-020, filed 6/15/17, effective 7/16/17. Statutory Authority: RCW 34.05.220, 28B.30.095, 28B.30.125, 28B.10.648, 34.05.250 and 34.05.482. WSR 89-23-117, § 504-04-020, filed 11/22/89, effective 12/23/89.

Wash. Admin. Code § 504-04-110 Adoption of model rules of procedure for formal (full) adjudications—Exceptions.

In formal adjudications (also referred to as full adjudications) pursuant to RCW 34.05.413 through 34.05.476, Washington State University follows the Administrative Procedure Act (chapter 34.05 RCW) and hereby adopts the model rules of procedure adopted by the office of administrative hearings, chapter 10-08 WAC, with the following exceptions:

(1) WAC 10-08-190 Adjudicative proceedings—Cameras—Recording devices.

See WAC 504-04-120 which determines the use of cameras and recording devices at adjudicative proceedings.

(2) Chapter 504-26 WAC sets forth exceptions and modifications to the model rules of procedure for formal hearings involving student discipline.

(3) The university's faculty manual sets forth exceptions and modifications to the model rules of procedure for formal hearings involving faculty discipline.

(4) Other procedural rules adopted in this title and this chapter are supplementary to the model rules. In the case of a conflict between the model rules and procedural rules adopted by Washington State University, the procedural rules adopted by the university govern.

History

Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-04-110, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-04-110, filed 6/15/17, effective 7/16/17. Statutory Authority: RCW 34.05.220, 28B.30.095, 28B.30.125, 28B.10.648, 34.05.250 and 34.05.482. WSR 89-23-117, § 504-04-110, filed 11/22/89, effective 12/23/89.

Wash. Admin. Code § 504-04-120 Confidentiality of student, faculty, and staff formal adjudicative proceedings.

In formal adjudicative proceedings, the presiding officer has the power to close all or part of the hearing to public observation. The presiding officer has the power to impose reasonable conditions upon observation of the proceeding. The presiding officer also has the power to regulate the use of photographic and recording equipment. In the case of hearings involving discipline, termination, or administrative cancellation of enrollment, hearings are normally closed to public observation. In student conduct matters, including those implicating Title IX, hearings are closed to public observation in accordance with WAC 504-26-025.

History

Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-04-120, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-04-120, filed 6/15/17, effective 7/16/17. Statutory Authority: RCW 34.05.220, 28B.30.095, 28B.30.125, 28B.10.648, 34.05.250 and 34.05.482. WSR 89-23-117, § 504-04-120, filed 11/22/89, effective 12/23/89.

Wash. Admin. Code § 504-04-130 Advising and representation of parties.

Any person whose rights are in issue in a formal adjudicative proceeding has the right to have an advisor present during any stage of the proceedings. However, only persons currently admitted to practice law, including licensed legal interns, are permitted to act as representatives at the proceedings. The presiding officer has the power to impose reasonable conditions upon participation of advisors and representatives.

History

Statutory Authority: RCW 28B.30.150. WSR 24-07-032, § 504-04-130, filed 3/12/24, effective 4/12/24
WSR 18-23-083, § 504-04-130, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-04-130, filed 6/15/17, effective 7/16/17. Statutory Authority: RCW 34.05.220, 28B.30.095, 28B.30.125, 28B.10.648, 34.05.250 and 34.05.482. WSR 89-23-117, § 504-04-130, filed 11/22/89, effective 12/23/89.

Wash. Admin. Code § 504-04-140 Discovery.

Discovery in formal hearings may be permitted at the discretion of the presiding officer, unless specific limitations apply. In permitting discovery, reference must be made to the civil rules applicable in court proceedings for guidance.

The presiding officer has the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.

History

Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-04-140, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-04-140, filed 6/15/17, effective 7/16/17. Statutory Authority: RCW 34.05.220, 28B.30.095, 28B.30.125, 28B.10.648, 34.05.250 and 34.05.482. WSR 89-23-117, § 504-04-140, filed 11/22/89, effective 12/23/89.

Chapter 504-07 Board of regents.

Wash. Admin. Code § 504-07-010 Board of regents meetings.

(1) Regular meetings. Regular meetings of the board of regents, including committees thereof, are held pursuant to a schedule and at locations established annually by resolution of the board. The annual meeting schedule is published in the Washington State Register. Meetings may be canceled or rescheduled by the president of the university, with the concurrence of the president of the board.

(2) Rescheduled regular meetings. Any regular meeting of the board or its committees may be rescheduled by publishing notice of the changed date and/or location in the Washington State Register at least twenty days in advance of the rescheduled meeting date. If twenty days advance notice of a rescheduled meeting is not given, the meeting is conducted as a special meeting under RCW 42.30.080.

(3) All meetings. All meetings of the board or its committees are conducted in conformance with the laws of the state of Washington governing such meetings and the bylaws of the board.

History

Statutory Authority: RCW 28B.30.150. WSR 10-21-023, § 504-07-010, filed 10/11/10, effective 11/11/10.

Chapter 504-13 Campus parking and traffic regulations for Washington State University Tri-Cities.

Wash. Admin. Code § 504-13-010 Authorization.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-010, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-020 Purposes of regulations.

(1) The purposes of these regulations are to:

(a) Expedite university business and provide maximum safety, order, and access;

(b) Regulate parking, with priority given to:

(i) Services of the university;

(ii) Persons who require the use of vehicles in connection with their on-campus work; and

(iii) Staff and students who require the use of private vehicles because of a disability or other approved reason.

(2) The vice chancellor or designee whose responsibilities include supervision of the parking department shall have the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-020, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-030 Knowledge of parking regulations.

It is the responsibility of all individuals parking on the campus to read and fully understand these regulations. Lack of knowledge of these regulations is not acceptable as grounds for dismissal of parking tickets.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-030, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-040 Applicable parking and traffic laws and regulations.

The following laws and regulations apply upon lands owned and/or controlled by WSUTC:

(1) The motor vehicle and other traffic laws of the state of Washington (Revised Code of Washington); and

(2) This chapter.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-040, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-050 Emergencies.

The president of the university delegates to the WSUTC campus chancellor the authority to suspend, modify, or repeal any or all provisions in this chapter for an authorized WSU special event or in the event of an emergency, disaster, or other like contingency. Such action shall be limited in duration and scope to meet the institutional needs of WSUTC and/or address the dangers of the contingency.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-050, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-080 Severability.

If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or its application to other persons or circumstances is unaffected.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-080, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-100 Definitions.

The definitions in this section are applicable within the context of this chapter.

(1) Campus. Describes all property owned, leased, and/or controlled by WSUTC which is or may hereafter be dedicated mainly to the educational, research, recreational, parking, or other activities of WSUTC.

(2) Day. Unless otherwise specified, the term "day" refers to a calendar day.

(3) Disability authorization. A state-issued disability instrument, e.g., placard, license plate, tab. Disability authorization includes the state-issued registration documentation issued to the person utilizing the authorization.

(4) Disability zone. A parking zone designated for exclusive use by individuals with disability and identified with a sign bearing the associated international symbol.

(5) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.

(6) Holiday. See university holiday.

(7) Impound. To take and hold a vehicle in legal custody by towing.

(8) Loading zone. A loading dock or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.

(9) Micromobility device. Bicycles, skateboards, scooters, roller skates/blades, and all other human-powered, motorized, or electrically assisted rolling conveyances.

(10) Moped. As defined under RCW 46.04.304.

(11) Motorcycle. As defined under RCW 46.04.336.

(12) Motor vehicle. All motor-driven conveyances except wheelchairs. Also referred to as "vehicle" in this chapter.

(13) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow or red.

(14) Officer. Any parking official employed by the university who is designated by the parking administrator to issue parking tickets or to cause vehicles to be towed under this chapter.

(15) Owner. The person registered with any state as the present owner of a vehicle in the most current registration record available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator or police department head has received actual written notice of the transfer.

(16) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.

(17) Parking administrator. The manager in charge of the parking department or designee.

(18) Parking appeals committee. Any person or persons appointed to consider parking violations and the application of fees, fines, and sanctions. Said person or persons are appointed by the vice chancellor whose responsibilities include supervision of the parking department or designee.

(19) Parking department. The university department which is charged with the responsibility of managing and enforcing the parking regulations and coordinating commute trip reduction efforts for the WSUTC campus.

(20) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on campus.

(21) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking department that is displayed from a vehicle and authorizes parking in specified areas. Some parking permits may be purchased online and may be virtual in nature and identified by other means such as by license plate. Also referred to as "permit" in this chapter.

(22) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.

(23) Pay parking facility. A location where parking is provided and payment is made on-site via a parking payment device, cashier, application, website, or other means.

(24) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances.

(25) Individuals with disability. For the purposes of this chapter, individuals with disability refer to an individual or individuals with disability or disabilities who qualify for a state-issued individual with disabilities parking identification and authorization.

(26) Service vehicle. A vehicle used to provide a service for WSUTC or a tenant or contractor of WSUTC (e.g., a university-owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).

(27) Service zone. Parking spaces or area designated for the use of service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones for a maximum of 15 minutes, except for vehicles that display a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.

(28) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university, and the nonstudent employees of other entities located on or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university or other entities located on or regularly doing business on campus are not "staff." They are considered as students for the purpose of these rules.

(29) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.

(30) Student. The term "student" includes all persons who are not staff, who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more classes.

(31) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session and ending on the last day of the latest session.

(32) University. Refers to Washington State University Tri-Cities.

(33) University holiday. A day regarded by the university as an official university holiday.

(34) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.

(35) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of WSUTC typically are open during this time.

(36) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.

(37) WSUTC. Refers to Washington State University Tri-Cities.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-100, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-100, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-200 Enforcement authority (i.e., parking and transportation coordinator).

WSUTC campus safety and security is charged with the impartial enforcement of these regulations. Personnel in these departments have authority to issue parking tickets, to impound vehicles, and to control access to areas.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-200, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-200, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-210 Times of enforcement.

Parking regulations are subject to enforcement at all times.

(1) Restricted spaces. These spaces are restricted for their designated purpose at all times unless signed otherwise:

(a) Disability zones;

(b) Load/unload;

(d) Reserved; and

(e) Areas which are specially signed or physically set apart by barricades, traffic cones, tape, or other devices.

(2) Pay parking facilities. Some parking areas provide parking on an hourly basis. Hours of operation and restrictions are posted at the facility entrance. Both the hours of operation and schedule of fees are available at the point of payment. Vehicles that are parked over the duration of time that was paid and for nonpayment are subject to parking tickets.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-210, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-210, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-220 Signed and marked areas.

(1) Parking on campus is permitted only in the marked and/or signed spaces in parking areas and on streets. All other areas outside these designated areas are "no parking zones." Each parking area has signs or markings to indicate the type of parking permit or parking payment required and the times they are required.

(2) Individual parking spaces are marked, and no vehicle may be parked so as to occupy any portion of more than one parking space. The fact that other vehicles were parked in a manner requiring a vehicle to occupy a portion of more than one space shall not constitute an excuse for a violation of this regulation.

(3) Standing (the stopping of a vehicle with the driver remaining in it) is permitted in marked parking spaces, except restricted spaces, even though the vehicle does not have a valid parking permit. Double parking while "standing" is not permitted.

(4) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.

(5) Permit areas and restricted spaces are not always signed individually.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-220, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-220, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-250 Motorcycles and mopeds.

(1) The general traffic regulations applicable to motor vehicles apply to motorcycles and mopeds. Motorcycles or mopeds may not be driven on sidewalks or in pedestrian mall areas. Owners of motorcycles and mopeds are responsible for all violations issued.

(2) The university classifies mopeds and motorcycles by engine displacement (also referred to as engine size). This definition applies only to university property and does not replace or supersede the definitions established by the state of Washington for licensing purposes.

(3) Motorcycles and mopeds: Motorcycles and mopeds may park only in spaces which are marked by signs or the letter "M" painted on the parking surface. During all other times, these spaces are restricted to use by motorcycles and mopeds only.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-250, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-250, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-300 Financial responsibility for parking tickets.

Owners of vehicles are held ultimately financially responsible for parking tickets issued to their vehicles.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-300, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-300, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-350 Use of areas for emergency, maintenance, events, construction, or special needs.

WSUTC reserves the right to close any campus parking area at any time it is deemed necessary for maintenance, safety, events, construction, or to meet special needs. WSUTC public safety will provide notice to users when possible.

Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-350, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-360 Liability.

The university assumes no responsibility for the care and protection of any vehicle or its contents at any time the vehicle is on university property.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-360, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-370 Vehicle storage and abandonment.

(1) The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by the parking department.

(2) No person may use any vehicle parked on campus as a living unit without specific approval from the parking department. Violators may be cited and the vehicle impounded.

(3) Vehicles are to be maintained in operating condition at all times on university property, except those in an automotive shop designated by the parking department for parking such vehicles. Vehicle repairs or maintenance is prohibited on campus unless authorized in advance by the parking department.

(4) A vehicle which appears to be abandoned, with or without a current parking permit or license plates, may be cited and impounded after an attempt is made to locate and notify the owner of the impending action.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-370, filed 2/18/26, effective 3/21/26.

Wash. Admin. Code § 504-13-410 Issuance, use, and term of parking permits.

Parking permits are available from campus safety and security for use in loading and service areas. Permits will be issued only to those who have university business which requires accessing these areas and shall be issued for a limited duration, including the expiration date on the permit.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-410, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-410, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-460 False information.

No person shall obtain, attempt to obtain, or use in a manner contrary to these regulations, a modified parking permit or a permit issued upon false information. A violation of this section includes giving a false name, address, identification number, and/or other information known to be false. It also includes the use of a commercial permit by staff or students. Violation of this provision shall constitute the illegal use of a parking permit and is subject to the issuance of parking tickets.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-460, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-460, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-470 Recall of parking permits.

Parking permits are the property of WSUTC and may be recalled by the parking administrator when:

(1) The purpose for which the permit was issued changes or no longer exists;

(2) A parking permit application is falsified; or

(3) A counterfeit, modified, or lost/stolen permit is used.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-470, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-470, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-520 Parking permits—Form and display.

Parking permits must be displayed from the rear-view mirror post or in the lower corner of the windshield with permit numbers and relevant dates visible. Vehicles with permits which are not displayed in accordance with the provisions of this section are subject to impound. Service and contractor permits are issued only for motor vehicles, not for motorcycles and mopeds.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-520, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-520, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-560 Other parking permits—Availability and use.

(1) Service permits. Service permits may be issued to:

(a) Personnel who are working on a construction site on campus. These permits are assigned to a specific parking area;

(b) Vendors, suppliers, and service representatives of outside companies performing a service for the university; and

(2) Carpool. Upon application, a bona fide carpool as defined by the campus policies and procedures is given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-560, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-560, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-600 Parking permits for individuals with disability.

(1) The provisions of this chapter cover the purchase and display of parking permits and the payment of fees and fines associated with parking for individuals with disability.

(2) For the purpose of this chapter, individuals with disability shall refer to an individual or individuals with disability who qualify for a state-issued individuals with disability parking identification and permit.

(3) Unless otherwise authorized, parking in spaces designated for individuals with disability requires a valid university individual with disability parking permit to park on campus.

(4) Persons with an individuals with disability parking permit may park in an individuals with disability parking space and any other nonrestricted permit space.

(5) Individuals with an individuals with disability parking permit may not park in restricted spaces, with the exception of individuals with disability parking spaces.

(6) Unless otherwise posted, individuals with disability parking permits are not valid in lieu of payment of regular posted fees in pay parking facilities.

(7) A state-issued persons with disability license plate, placard, or permit is valid in lieu of a university persons with disability parking permit in parking zones during times when a university permit is not required.

(8) The university intends to retain control of access to the pedestrian malls on campus. For that reason a university persons with disability parking permit is required in lieu of a state-issued persons with disability license plate, placard, or permit as authorization to use a pedestrian mall to access marked persons with disability parking spaces within the confines of a pedestrian mall.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-600, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-600, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-650 Parking fees and fines.

(1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, parking meter rates, prorate and refund schedules, and the effective date thereof are submitted to the president or his/her designee and to the board of regents for approval by motion, provided however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or his designee to approve all such fees and fines. The schedules described above for all parking fees and fines are thereafter posted in the public area of the parking department office and posted on the parking department's website.

(2) Payments. Parking fees and fines may be paid at the parking department by cash, check, approved payment card, or money order. A payroll deduction plan is available for eligible university employees and eligible graduate students.

(3) The proper fee must be paid for all vehicles parked in hourly or daily fee spaces unless otherwise authorized.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-650, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-650, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-750 Reciprocal parking agreements.

(1) Purpose. The university can enter into reciprocal parking agreements with other universities and Washington State University campuses for the purpose of enhancing the accessibility to various campuses for staff and students participating in various courses and programs.

(2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the WSUTC campus or employees of other entities located on the WSUTC campus must display a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid university WSUTC campus permit may result in a fine for illegal use of a parking permit.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-750, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-810 Violations, fines, and sanctions.

(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at the parking department or at other authorized locations. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking services office and on the parking department's website.

(2) Reduction of fines.

(a) Fines for violations of overtime/nonpayment at meter and overtime in time zone paid within 24 hours of issuance are reduced by one-half. Eligible violations received on Friday or Saturday can be paid on the following Monday to satisfy the 24-hour requirement. Mailed payment must be postmarked within 24 hours to receive the one-half reduction.

(b) Visitors. The first violation of notices for "no parking permit" and "no parking permit for this area" issued to a visitor is considered a warning notice upon presentation to the parking department.

(c) If a permit holder of record neglects to display his or her permit and receives a notice of violation for "no parking permit," a reduced fine is assessed when possession of a valid parking permit for the location is verified by the parking department within 24 hours.

(d) Internal policies regarding disposition of parking tickets may be established on approval of the vice chancellor or designee whose responsibilities include supervision of the parking department under the advisement of the university's internal auditor.

(3) Inoperable vehicles. It is the owner's responsibility to immediately contact the parking department in the event that the owner's vehicle becomes inoperable when the vehicle is present on campus.

(4) Payment of parking fines. All parking fines are due upon issuance of a parking ticket. Thirty days after date of issuance of a parking ticket, a late fee shall be added to all unpaid parking fines. For example, a parking ticket issued on May 1st would be assessed a late fee on May 31st. Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office for collection. The controller (or designee) may, if other collection efforts fail, withhold the amount of the outstanding fines and fees from deposits or other funds held for any student in order to secure payment.

When collection efforts are unsuccessful, the controller (or designee) may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing. Nor are the procedures discussed above a precondition to towing.

(5) Failure to pay fines. Failure to pay a fine or comply with other penalties assessed pursuant to these regulations, and exhausting or failing to exercise appeals provided for in these regulations, may result in the inability to renew a vehicle license through the state pursuant to RCW 46.16.216.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-810, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-810, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-860 Appeals procedure.

The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided for or appealed as provided in this chapter.

(1) Purpose. The parking appeals process serves the following functions:

(a) To hear parking ticket appeals; and

(b) To hear appeals of impoundments.

(2) Procedure. Any person who has received a parking ticket may appeal the alleged parking violation.

(3) Written parking ticket appeals. The appeal must be in writing and received at the parking department within 10 calendar days of issuance of the parking ticket. Forms for this purpose are available from the parking department. The parking appeals committee makes an initial decision regarding the appeal within 20 calendar days during the academic year and 30 calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason for its decision to the appellant within 10 calendar days of the decision.

(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, he or she may request a hearing before a hearing officer or the parking appeals committee. Such a request must be made within 10 calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision shall be final. During the hearing the appellant and representatives of the parking department may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and provide the appellant with the decision within 10 calendar days after the hearing.

(5) Appeal to district court. RCW 28B.10.560 provides that a person who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court shall be in writing and must be filed at the parking department within 10 calendar days after the date of the review hearing. The parking department forwards the documents relating to the appeal to the district court.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-860, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-860, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-865 General.

(1) Pursuant to the provisions of this chapter, an officer shall cause a vehicle to be towed if the vehicle displays a lost, stolen, or counterfeit parking permit.

(2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:

(a) Is illegally parked in a marked tow-away zone;

(b) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks);

(d) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or

(e) Is otherwise illegally parked based on the executive authority of the parking department.

(3) The process for towing of vehicles under any other circumstances to include those not described in this section will be in accordance with chapter 46.55 RCW.

(4) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.

(5) The university assumes no responsibility in the event of damages resulting from towing.

(6) A person wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-13-860. However, in order to secure release of the vehicle, such person must pay the amount of such fines or fees as a bond which shall be refunded to the extent the appeal is successful.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-865, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-865, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-900 Speed limits.

Driving on campus roads and streets is permitted at any time, unless otherwise posted or restricted by signs and/or by these regulations. The maximum speed limit unless otherwise posted is twenty-five miles per hour.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-900, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-920 Closed and restricted areas.

In certain designated areas on campus, such as the pedestrian mall in the campus core, driving is restricted to mall service vehicles.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-920, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-930 Bicycles, skateboards, scooters, and other "micromobility devices."

(1) The riding and use of micromobility devices is restricted as defined in this section. Exemption: Wheelchairs, "knee walkers," and other mobility aids used because of a disability or injury are exempt from subsections (2) and (4) of this section.

(2) Use of micromobility devices is prohibited in all interior building spaces and stairways, on all steps, ledges, benches, planting areas, and other fixtures, and in any other posted area.

(3) Micromobility devices may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided, subject to the restrictions described in subsection (9) of this section.

(4) When operated in high-traffic or congested pedestrian areas, including building plazas, pedestrian malls, and sidewalks, motorized or electric-assisted micromobility devices must:

(a) Respond to automatic controls as described in subsection (9) of this section; or

(b) Be operated only using human propulsion.

(5) Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of micromobility devices on any part of campus is prohibited.

(6) Operators must obey all applicable traffic laws when operating micromobility devices on roadways.

(7) Bicycles and scooters may be secured only at bicycle racks and storage facilities designed for such purpose.

(8) Abandoned and inoperable micromobility devices. Internal policies regarding abandoned and inoperable micromobility devices, including the impoundment of micromobility devices, may be established upon approval by the campus chancellor or designee whose responsibilities include supervision of the campus security department.

(9) The campus may implement automatic controls on the operation of certain micromobility devices based on any or all of the following:

(a) Location of the device;

(b) Time of day; and

Controls may include speed restriction, shutoff of motorized assist, or complete shutoff of the device.

(10) If there is a conflict between these regulations and on-site signage, the on-site signage takes precedence.

History

Statutory Authority: RCW 28B.30.150. WSR 26-05-088, s 504-13-930, filed 2/18/26, effective 3/21/26
WSR 09-11-069, § 504-13-930, filed 5/14/09, effective 7/1/09.

Wash. Admin. Code § 504-13-940 Pedestrians.

(1) When traffic control signals are in place at intersections, pedestrians shall be subject to them.

(2) When traffic control signals are not in place or not in operation at pedestrian crossings, a vehicle must yield the right of way, by slowing down or stopping, when the pedestrian in the crossing is upon the same half of the roadway as the vehicle, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(3) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(4) Pedestrians who are between adjacent intersections at which traffic control signals are in operation must not cross at any place except in a marked crosswalk.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-13-940, filed 5/14/09, effective 7/1/09.

Chapter 504-14 Campus parking and traffic regulations for Washington State University Health Sciences Spokane.

Wash. Admin. Code § 504-14-010 Authorization.

Pursuant to the authority granted by RCW 28B.30.150, 28B.10.560, and chapter 34.05 RCW, the board of regents of the university adopts this chapter to govern parking and traffic at Washington State University Health Sciences Spokane, hereinafter referred to as WSUS. The board of regents may delegate authority to the president or their designee to adopt changes to the parking and traffic rules in this chapter. If adoption authority is delegated to the president or their designee, changes to this chapter are not submitted to the board of regents.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-010, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-010, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-010, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-020 Purposes of regulations.

(1) The purposes of these regulations are to:

(a) Expedite university business and provide maximum safety, order, and access;

(b) Regulate parking, with priority given to:

(i) Services of the campus;

(ii) Individuals who require the use of vehicles in connection with their on-campus work; and

(iii) Staff and students who require the use of private vehicles because of a disability or other approved reason;

(d) Provide participation in the commute trip reduction program.

(2) The chancellor or designee whose responsibilities include supervision of the parking office has the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-020, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-020, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-020, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-030 Knowledge of parking regulations.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-048, § 504-14-030, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-030, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-040 Applicable parking and traffic laws and regulations.

The following laws and regulations apply upon lands owned and/or controlled by the WSUS campus:

(1) The motor vehicle and other traffic laws of the state of Washington (Revised Code of Washington); and

(2) Chapter 504-14 of the Washington Administrative Code.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-048, § 504-14-040, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-040, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-050 Emergencies.

The chancellor or designee of the university has the authority to suspend, modify, or repeal any or all provisions in this chapter in the event of an emergency, disaster, or other like contingency. Such action must be limited in duration and scope based on the emergency.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-050, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-050, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-050, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-080 Severability.

If any provision of this chapter, chapter 504-14 WAC, or its application to any person or circumstance is held invalid, the remainder of the chapter or its application to other persons or circumstances is unaffected.

History

Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-080, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-100 Definitions.

The definitions in this section are applicable within the context of this chapter.

(1) Access-control/gate card. A plastic card that provides access to a location, building, or parking area, and/or activates a gate or similar device controlling access to certain parking areas.

(2) Campus. Describes all property owned, leased, and/or controlled by the WSUS campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of the university.

(3) Day. Unless otherwise specified, the term "day" refers to a calendar day.

(4) Disability parking. See individuals with disability.

(5) Disability zone. A parking zone designated for exclusive use by individuals with disability and identified with a sign bearing the associated international symbol.

(6) Electric-assisted bicycle. As defined under RCW 46.04.169.

(7) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.

(8) Holiday. See university holiday.

(9) Illegal use of permit. A parking violation in which a parking ticket is issued under the following circumstances:

(a) Use of a parking permit or indicator on a vehicle other than the specified vehicle identified by a license plate number on the permit.

(b) Use of a counterfeit parking permit or indicator.

(d) Use of a modified parking permit or indicator.

(e) Use and/or retention of a parking permit or indicator by individual(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.

(10) Impound. To take and hold a vehicle in legal custody by use of a vehicle immobilization device and/or towing.

(11) Indicator. A decal or hanger displayed adjacent to a parking permit which defines additional parking areas available to a permit holder.

(12) Loading zone. A loading dock, or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.

(13) Moped. As defined under RCW 46.04.304.

(14) Motorcycle. As defined under RCW 46.04.330.

(15) Motorized foot scooter. As defined under RCW 46.04.336.

(16) Motor vehicle. As defined under RCW 46.04.320. Also referred to as "vehicle" in this chapter.

(17) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow.

(18) Officer. Any parking or campus security official employed by the university who is designated by the parking administrator or chancellor to place and remove vehicle immobilization devices or to cause vehicles to be towed under this chapter.

(19) Owner. The individual registered with any state as the present owner of a vehicle in the most current registration records available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator has received actual written notice of the transfer.

(20) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.

(21) Parking administrator. The manager in charge of the parking office or designee.

(22) Parking appeals committee. Any individual or individuals appointed to consider parking violations and the application of fees, fines, and sanctions. Said individual or individuals are appointed by the chancellor or designee whose responsibilities include supervision of the parking office.

(23) Parking office. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities; enforcing the parking regulations; and coordinating commute trip reduction efforts for the WSUS campus.

(24) Parking meter. A single fixed device that typically requires payment and limits the amount of time a vehicle can park in a single space. Also referred to as "meter" in this chapter. A parking meter is not a parking payment device.

(25) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on the campus. A parking payment device is not a parking meter.

(26) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking office that is displayed from a vehicle and authorizes parking in specified areas. Some parking permits may be purchased online and may be virtual in nature (see definition of virtual permit in subsection (50) of this section) and identified by other means, such as by license plate. Also referred to as "permit" in this chapter.

(27) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.

(28) Pay parking facility. A location where parking is provided, and payment is made on-site via a parking payment device, cashier, or means other than a parking meter.

(29) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances.

(30) Individuals with disability. For the purpose of this chapter individuals with disability refers to an individual or individuals with disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.

(31) Resident priority zone. A parking area close to a residence hall that is typically limited to use by residence hall students.

(32) Residence hall student. A student with a current, valid residence hall contract, who lives in a residence hall.

(33) Residence hall. Residence hall units (dormitories) that are owned by the university but are not included as university-owned housing apartments. Occupants of residence halls are considered residence hall students and are eligible for parking permits in resident priority zones.

(34) Service vehicle. A vehicle used to provide a service for WSUS or a tenant or contractor of WSUS (e.g., a university-owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).

(35) Service zone. Parking spaces or area designated for the use of service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones on an occasional basis for a maximum of fifteen minutes, except for vehicles that display a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.

(36) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university and the nonstudent employees of other entities located on, or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university, or other entities located on, or regularly doing business on campus, are not "staff." They are considered to be students for the purpose of these rules.

(37) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.

(38) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.

(39) Student. The term student includes all individuals who are not staff who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more class.

(40) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session, and ending on the last day of the latest session.

(41) University. Refers to Washington State University Health Sciences Spokane or WSUS.

(42) University holiday. A day regarded by the university as an official university holiday.

(43) University-owned housing. Housing units or apartments, and their respective parking areas, that are owned by the university, but are not included as residence halls. Occupants of university-owned housing are eligible for housing parking permits issued by the university.

(44) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.

(45) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of WSUS typically are open during this time.

(46) Vehicle immobilization device. A device used to temporarily immobilize a motor vehicle. Immobilized vehicles are considered to be impounded in place and subject to storage fees.

(47) Vehicle immobilization-eligible list. The current list of vehicle immobilization-eligible vehicles as maintained by the parking office. A vehicle remains on the vehicle immobilization-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(48) Vehicle immobilization-eligible vehicle. Any vehicle on which three or more parking tickets more than thirty days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains vehicle immobilization-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(49) Vehicle storage. Vehicle storage means the parking or leaving of any vehicle for a period of more than twenty-four consecutive hours.

(50) Virtual permit. A virtual permit is authorization given at the time of vehicle registration with the parking office, allowing the registered vehicle to park in a designated lot, zone, or space. The virtual permit is associated to the vehicle license plate number and is used to identify the parking authorization.

(51) Visitors. Individuals who are not staff or students and who only visit the campus on an occasional basis.

(52) WSU disability permit. WSU-issued zone permit displayed with a valid state-issued disability placard or disability license plate.

(53) WSUS. Washington State University Health Sciences Spokane.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-100, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-100, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-100, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-100, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-200 Enforcement authority.

The university parking office staff and security officers are charged with the impartial enforcement of these regulations and have authority to issue parking tickets, to impound vehicles, and to control access to areas.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-200, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-200, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-200, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-200, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-210 Times of enforcement.

Parking regulations are subject to enforcement at all times.

(1) Parking permit areas. All parking permit zones are limited to authorized permit holders during all hours of the day. These hours are posted in each parking area at the entrance.

(2) Restricted spaces. These spaces are restricted for their designated purpose at all times unless signed otherwise:

(a) Disability zones.

(b) Load/unload.

(d) Reserved.

(e) Reserved (bagged) parking meters.

(f) Pedestrian mall.

(g) Areas which are specially signed or physically set apart by barricades, traffic cones, tape, or other traffic devices.

(3) Parking metered spaces. Parking meters are in effect during the times posted on each meter. During these times the meter must be paid the posted amount. Additional time cannot be purchased beyond the meter's posted maximum time limit (e.g., a thirty-minute meter allows a maximum of thirty minutes to be purchased at one time). A motor vehicle which is parked at an expired parking meter is considered in violation initially, and after each period equal to the maximum time posted for the meter. In such case a parking ticket may be issued for each violation. For example, a vehicle parked at a meter with a two-hour maximum time limit for six hours and five minutes of continuous unpaid parking at the same meter would be eligible for up to three parking tickets.

(4) Pay parking facilities. Some parking areas provide parking on an hourly basis. Hours of operation and a schedule of fees are posted at the facility entrance and at the point of payment. Parking tickets are issued to vehicles that are parked over the duration of time that was paid and for nonpayment. Parking areas with parking meters are not considered pay parking facilities.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-210, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-210, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-210, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-220 Signed and marked areas.

(1) Parking on campus is allowed only in the marked and/or signed spaces in parking facilities. All other areas outside these designated areas are "no parking zones." Each parking facility has signs or markings to indicate the type of permit or payment required and the times they are required.

(2) Individual parking spaces are marked, and no vehicle may be parked so as to occupy any portion of more than one parking space. The fact that other vehicles were parked in a manner requiring a vehicle to occupy a portion of more than one space does not constitute an excuse for a violation of this regulation.

(3) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.

(4) Permit areas and restricted spaces are not always signed individually.

(5) Standing (the stopping of a vehicle with the driver remaining in it) is allowed in marked parking spaces, except metered spaces and restricted spaces, even though the vehicle does not have a valid parking permit. Double parking while "standing" is not allowed.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-220, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-220, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-220, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-250 Motorcycles and mopeds.

(2) The university classifies mopeds and motorcycles in accordance with the definitions established by the state of Washington for licensing purposes. See RCW 46.04.304 and 46.04.330.

(3) Mopeds. Mopeds may park in any parking area with a valid parking permit or at any bicycle rack unless the rack is signed to exclude mopeds.

(4) Motorcycles. Motorcycles must display a valid university parking permit at all times.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-250, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-250, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-250, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-300 Financial responsibility for parking tickets.

(1) Each registered parking permit holder is financially responsible for parking tickets on vehicles:

(a) Registered with the parking office; and/or

(b) Displaying the registered parking permit holder's permit.

(2) Owners of vehicles are ultimately held financially responsible for parking tickets issued to their vehicle.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-300, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-300, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-300, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-350 Use of areas for emergency, maintenance, events, construction, or special needs.

WSUS reserves the right to close and/or restrict access to any campus parking area, roadway, and/or sidewalk at any time it is deemed necessary for maintenance, safety, events, construction, or to meet special needs. The parking office provides notice to users when possible.

Public safety, security, and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-350, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-350, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-350, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-350, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-360 Liability.

The university assumes no responsibility for the care and protection of any vehicle or its contents at any time the vehicle is on university property.

History

Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-360, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-370 Vehicle storage.

The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by the parking office.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-370, filed 4/17/19, effective 5/18/19.

Wash. Admin. Code § 504-14-410 Issuance, use, and term of parking permits.

Parking permits are issued by the parking office for available areas upon application and payment of the appropriate fees. The applicant may receive a parking permit and/or indicator which specifies parking area(s) where the vehicle may be parked. Permits are valid up to and including the expiration date on the permit.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-410, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-410, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-410, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-420 Withholding of fines and fees.

All parking permit applications must provide that the university may withhold unpaid fines and fees, when permitted by law, from any sums owed the permit holder and to treat the same as a debt.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-420, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-420, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-420, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-440 Transfer of parking permit.

A parking permit is generally not transferable, but exceptions can be made by parking operations as follows:

(1) An individual relinquishing ownership and the eligible purchaser appear in person at the parking office when requesting such a transfer;

(2) The former owner relinquishes all ownership or claim to the permit and pays all outstanding fines; and

(3) The new owner completes a new application form for the permit.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-440, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-440, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-440, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-450 Replacement parking permits and indicators.

(1) Sold or traded vehicles. Failure to advise the parking office of a sale or trade for registration purposes may result in continued responsibility to the permit holder for parking tickets received on vehicles.

The permit holder has responsibility for removing parking permits prior to selling or trading a vehicle. The identifiable remnants of the original permit must be presented to the parking office to receive a free replacement. Individuals failing to comply with this requirement must pay the cost of a new permit.

(2) Lost/stolen permits. Permit holders are responsible for the security of their permits. The theft or loss of a parking permit should be reported to the parking office immediately upon discovery. A lost or stolen permit may be replaced upon payment to the parking office of the cost of replacing the permit, according to a schedule adopted by the parking office. Lost or stolen permits must be returned to the parking office immediately if recovered.

(3) Access-control/gate card replacement. A lost, stolen, or damaged access-control/gate card is replaced upon payment to the parking office of the cost of replacing the access-control/gate card, according to a schedule adopted by the parking office.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-450, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-450, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-450, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-460 False information.

No individual may obtain, attempt to obtain, or use in a manner contrary to these regulations, a modified or counterfeit parking permit or a permit issued upon false information. A violation of this section includes giving a false name, address, and/or other information known to be false. It also includes the use of a visitor, conference, and commercial permit by staff or students. Violation of this provision constitutes the illegal use of a parking permit and is subject to issuance of a parking ticket.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-460, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-460, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-460, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-470 Recall or suspension of parking permits.

Parking permits are the property of WSUS and may be recalled or suspended for violations of any of the following by the parking administrator when:

(1) The purpose for which the permit was issued changes or no longer exists;

(2) A permit is used on an unauthorized vehicle or by an unauthorized person;

(3) A parking permit application is falsified;

(4) A counterfeit, modified, or lost/stolen permit is used; or

(5) The parking permit fee is unpaid.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-048, § 504-14-470, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-470, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-510 Parking permits—General.

(1) The university issues parking permits for designated areas of the campus. Any vehicle parked on the campus must clearly display a valid university parking permit in accordance with this chapter during the posted hours when and where permits are required. University staff and students may not use any other permit in lieu of a valid university parking permit.

(2) Inoperable vehicles. It is the owner's responsibility to immediately contact the parking office or campus security in the event that the owner's vehicle becomes inoperable when the vehicle is parked on campus.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-510, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-510, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-510, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-510, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-520 Parking permits—Form and display.

All parking permits must be displayed in the approved position on the vehicle with permit numbers and relevant dates visible. Vehicles with permits which are not displayed in accordance with the provisions of this section are subject to parking tickets for the violation of improperly displaying a permit.

(1) Autos and trucks. Permits must be displayed as instructed on the permit and/or by the parking office.

(2) Motorcycles must always prominently display a valid permit.

(3) Virtual permits. Certain parking permissions do not require that a permit be displayed. In those instances, the virtual permit is associated with the vehicle license plate registered.

(a) Vehicles must be parked so that the license plate is visible from the driving aisle.

(b) No covers may be placed over the license plate that would inhibit the reflectivity of the plate.

(c) The alphanumeric characters of the license plate must be visible and unobstructed by license plate frames and/or other accessories.

(d) Individuals with virtual permits must ensure their current vehicle is registered and associated with their virtual permit. This process can be accomplished at the parking office.

(e) A virtual permit with multiple registered vehicles on the same virtual permit does not allow for more than one motor vehicle to be parked on campus at the same time.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-520, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-520, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-520, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-540 Zone parking permits—Availability and use.

Parking space is not guaranteed. The management and assignment of parking zones is designed to provide a parking space to each permit holder. However, uncontrolled access to parking areas and unexpected parking demand make it impossible to guarantee a parking space in a permit holder's purchased zone. Every effort is made via surveys and limits on permit sales, to ensure that permit holders are not displaced from their purchased zones. Parking zones are color-coded with respect to their price. Permit holders must park in their color-coded zone as described below.

(1) Orange permits. Orange permit holders may park in either orange or green zones.

(2) Green permits. Green permit holders must park in green zones only.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-540, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-540, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-540, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-560 Other parking permits—Availability and use.

(1) Visitor permits. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other individual constitutes illegal use of a parking permit. Visitor permits are valid in any zone and parking spaces signed for visitor permits only. Visitor permits are not valid at meters or restricted spaces.

(2) Permits honored by reciprocal agreement. Permits from other universities, including other WSU campuses, may be used only if detailed in and allowed by a fully executed reciprocal agreement with WSU Health Sciences Spokane.

(3) Golden cougar permits. Golden cougar permits are special visitor permits that are issued to retired staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone. Staff who are employed by the university or by other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit.

(4) President's associates decals. President's associates decals are issued to eligible members of the Washington State University foundation. Use of these decals for parking must be in accordance with a separate agreement between WSU and the WSU foundation. However, university faculty, staff, and students may not use a president's associates decal or any other parking benefit instrument in lieu of a paid zone permit.

(5) Event/conference permits. Event/conference permits are available to visitors who participate in events and/or conferences held on the WSUS campus. They are available on a daily basis only. Event/conference permits may be assigned to a specific zone.

(6) Construction permits. A construction permit is issued to personnel who are working on a construction site on campus. Construction permits are available on an annual, semester, quarter, or daily basis and may be assigned to a specific parking area.

(7) Carpool. Upon application, a bona fide carpool as defined by the campus policies and procedures may be given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Carpool permits, virtual or otherwise, may not use more than one registered motor vehicle on campus at the same time. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-560, filed 4/17/19, effective 5/18/19
WSR 09-11-069, § 504-14-560, filed 5/14/09, effective 7/1/09
WSR 08-08-048, § 504-14-560, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-560, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-580 Special indicator decals and hangers.

Special indicator decals or hangers may be issued to staff and student permit holders who have otherwise valid parking permits in the following cases:

(1) A "service" virtual designation, indicator decal, or hanger is valid typically for a maximum of fifteen minutes in a marked service zone.

(2) A "mall service" virtual designation or indicator is valid typically for a maximum of fifteen minute parking in the pedestrian malls. These are available to staff or students who must use a private vehicle for university business. Mall service designations or indicators are typically issued on an annual or daily basis upon the approval of the parking administrator or their designee.

(3) A reserved parking virtual designation, indicator decal, or hanger is valid in parking spaces that are signed for the corresponding permit and indicator.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-580, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-580, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-580, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-600 Parking permits for individuals with disability.

(1) The provisions of this chapter cover the purchase and display of parking permits and payment of fees and fines associated with parking for individuals with disability.

(2) For the purpose of this chapter, individuals with disability shall refer to individuals with disability who qualify for a state-issued individual with disabilities parking identification and permit as provided in chapter 308-96B WAC.

(3) The university uses the state individual with disabilities parking permit system to determine eligibility for disability parking.

(4) Unless otherwise authorized, parking in spaces designated for individuals with disability requires a WSU disability permit to park on campus.

(5) Individuals with disability desiring to purchase a university parking permit must present a valid state-issued individual with disabilities parking identification.

(6) Individuals with a WSU disability permit may park in an individuals with disability parking space and any other, nonrestricted permit space within a parking permit zone.

(7) Individuals with a WSU disability permit may not park in restricted spaces with the exception of individuals with disability parking spaces.

(8) Unless otherwise posted, any university parking permit which includes a WSU disability permit is not valid in lieu of payment of regular posted fees in pay parking facilities.

(9) A state-issued individual with disabilities license plate, placard, or permit is valid in lieu of a WSU disability permit in parking zones during times when a university permit is not required.

(10) An individual with disability is eligible to purchase an orange permit at the green permit zone price.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-600, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-600, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-600, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-650 Parking fees and fines.

(1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, parking meter rates, prorate and refund schedules, and the effective date thereof are submitted to the president or their designee and to the board of regents for approval by motion; provided, however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or their designee to approve all such fees and fines. The schedules for all parking fees and fines described above for all parking fees and fines are thereafter posted in the public area of the parking office and posted on the university's parking website.

(2) Payments. Parking fees and fines may be paid at the parking office by cash, check, approved payment card, or money order. A payroll deduction plan is available for eligible university employees and eligible graduate students.

(3) The proper fee must be paid for all vehicles parking in parking meter spaces unless otherwise authorized.

(4) Refunds. Annual physical permits being relinquished must be returned to the parking office in person for a pro rata refund (if any is available) in accordance with university policy. Identifiable remnants of physical permits must be returned. In the case of annual virtual permits, the permit purchaser must notify the parking office in person or in writing that they want to relinquish the permit permissions for a pro rata refund (if any is available) in accordance with university policy. The balance of any fees and fines owed the parking office is deducted from any available refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.

(5) The parking office makes a wide array of options available in advance to university departments for use by their visitors, guests, and employees for the purpose of conducting departmental business. However, when necessary, university departments that can establish in writing that a parking ticket issued by the parking office was received as a result of parking any vehicle for the purpose of conducting official state business, or while conducting official business with the university or any entity located at the university are assessed a parking fee assessment (PFA) in lieu of the parking fine. Such requests for PFAs are signed by a department fiscal custodian. A PFA consists of the maximum daily parking fee plus an additional administrative fee for failing to purchase and provide the necessary parking permit or fee in advance or at the time of parking. University departments are encouraged to avoid additional administrative fees associated with PFAs by purchasing and storing prepaid parking permits and by making them available as the department deems necessary. Nothing in this regulation allows a university employee to receive, or attempt to receive, any benefit associated with their personal expenses in violation of the State Ethics Act. All questionable employee conduct regarding the application of this section is reported to, and investigated by, the university internal auditor. This section applies only to parking tickets issued pursuant to this chapter.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-650, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-650, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-650, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-750 Reciprocal parking agreements.

(1) Purpose. The university can enter into reciprocal parking agreements with other universities and Washington State University campuses for the purpose of enhancing the accessibility to various campuses for faculty, staff, and students participating in various courses and programs.

(2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the WSUS campus or employees of other entities located on the WSUS campus must legally display and/or possess a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid WSUS permit may result in a fine for illegal use of a parking permit.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-750, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-750, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-14-810 Violations, fines, and sanctions.

(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at the parking office or at other authorized locations by mail, or from the university's parking website. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking office and on the university's parking website.

(2) Reduction of fines. Internal policies regarding disposition of parking tickets may be established on approval of the chancellor or designee whose responsibilities include supervision of the parking office.

(3) Inoperable vehicles. It is the owner's responsibility to immediately contact the parking office in the event that the owner's vehicle becomes inoperable when the vehicle is present on campus.

(4) Payment of parking fines.

(a) All parking fines are due upon issuance of a parking ticket. Thirty days after date of issuance of a parking ticket, a late fee is added to all unpaid parking fines. For example, a parking ticket issued on May 1st is assessed a late fee on May 31st.

(b) Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office for internal collection.

(c) Account balances not paid to the university voluntarily may be forwarded to an external collections agency and are subject to additional collection fees of up to fifty percent, attorney's fees, and court costs when necessary.

(d) Where collection efforts are unsuccessful, the controller or designee may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid.

(e) The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing or use of the vehicle immobilization device described in these regulations. Nor are the procedures discussed above a precondition to towing or use of the vehicle immobilization device.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-810, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-810, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-810, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125. WSR 03-15-060, § 504-14-810, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-810, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-860 Appeal procedures.

The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided for or appealed as provided in this chapter.

(1) Purpose. The parking appeals process serves three primary functions:

(a) To hear parking ticket appeals;

(b) To hear appeals of vehicle immobilization eligibility determination; and

(2) Procedure. Any individual who has received a parking ticket may appeal the alleged parking violation. Appeal of vehicle immobilization eligibility determinations and impoundments are described in WAC 504-14-865 and 504-14-870.

(3) Written parking ticket appeals. The appeal must be in writing and received at the parking office within ten calendar days of issuance of the parking ticket. Online forms for this purpose are available from the parking office. The parking appeals committee makes an initial decision regarding the appeal within twenty calendar days during the academic year and within thirty calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason for its decision to the appellant within ten calendar days of the decision.

(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, the appellant may request a hearing before a hearing officer or the parking appeals committee. Such a request must be made within ten calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision is final. During the hearing the appellant and representatives of the parking office may present and cross-examine witnesses. The hearing officer or appeals committee must render a decision in writing and provide appellant with the decision within ten calendar days after the hearing.

(5) Appeal to district court. RCW 28B.10.560 provides that an individual who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court must be in writing and must be filed at the parking office within ten calendar days after the date of the review hearing. The parking office forwards the documents relating to the appeal to the district court.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-860, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-860, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-860, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-860, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-865 General.

(1) Pursuant to the provisions of this chapter, an officer must cause a vehicle to be vehicle immobilized, or towed, or both, if:

(a) The vehicle is on the vehicle immobilization-eligible list; or

(b) The vehicle displays a lost, stolen, or counterfeit parking permit.

(2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:

(a) Has been immobilized by a vehicle immobilization device for more than twenty-four hours; or

(b) Is illegally parked in a marked tow-away zone; or

(c) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or

(d) Cannot be immobilized with a vehicle immobilization device; or

(e) Is illegally parked in a disability space; or

(f) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or

(g) Is otherwise illegally parked based on the executive authority of the parking office or university security.

(3) The driver and/or owner of a towed vehicle must pay towing and storage expenses.

(4) Any vehicle immobilized by use of a vehicle immobilization device in excess of twenty-four hours is assessed a storage fee for each calendar day or portion thereof, beyond the first twenty-four hours.

(5) The university assumes no responsibility in the event of damages resulting from towing, use of vehicle immobilization devices, storage, or attempts to move a vehicle with a vehicle immobilization device installed.

(6) No vehicle impounded by towing or vehicle immobilization devices is released until the following fines are paid in cash or with an approved payment card:

(a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the violator and/or owner;

(b) A vehicle immobilization fee; and

(7) An individual wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-14-860. However, in order to secure release of the vehicle, such individual must pay the amount of such fines or fees as a bond which is refunded to the extent the appeal is successful.

(8) An accumulation of six unpaid violations during any twelve-month period, exclusive of overtime at parking meter violations, and overtime in time zone violations, subjects the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-865, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-865, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-865, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-14-870 Vehicle immobilization-eligible list.

(1) The parking administrator is responsible for creating and maintaining the vehicle immobilization-eligible list. See definition of "vehicle immobilization-eligible vehicle" under WAC 504-14-100(48).

(2) A vehicle immobilization-eligible vehicle is placed on the vehicle immobilization-eligible list after notice has been issued as provided in subsection (3) of this section and an appeal of the vehicle immobilization eligibility determination, if requested, under subsection (4) of this section.

(3) At least ten days prior to placing a vehicle on the vehicle immobilization-eligible list, the parking administrator must mail a notice to the owner. The parking administrator mails the notice to the address stated on the most current registration records available to the university from a state, or any more current address of which the parking administrator has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice must set forth:

(a) The make and license plate number of the alleged vehicle immobilization-eligible vehicle.

(b) A specified date on which the vehicle immobilization-eligible vehicle is subject to placement on the vehicle immobilization-eligible list.

(c) A list of the three or more alleged unpaid parking tickets, including the parking ticket number, date, time, place of the violation, and the nature of the violation. This list must include all unpaid parking tickets issued to a particular vehicle to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(d) That the owner may avoid the placement of the vehicle on the vehicle immobilization-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date on which the vehicle is subject to placement on the vehicle immobilization-eligible list.

(e) The name, mailing address (and street address if different), and telephone number of the parking office that may be contacted to appeal the vehicle immobilization eligibility determination. Such an appeal only considers whether an individual vehicle was properly placed on the vehicle immobilization-eligible list and not the merits of an individual parking ticket, which may be addressed pursuant to a separate appeals process described in WAC 504-14-860.

(f) That the vehicle is subject to vehicle immobilization, towing, or both once it is placed on the vehicle immobilization-eligible list.

(g) That all late fees, vehicle immobilization fees, towing, and storage fees are payable in full to obtain the release of a vehicle immobilized or towed pursuant to this chapter in addition to payment of any and all unpaid parking tickets on this vehicle or other vehicles owned by the registered owner to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(4) If a request for an appeal of a vehicle immobilization eligibility determination is received by the parking administrator before the specified date in the notice for placement of the vehicle on the vehicle immobilization-eligible list, then the parking administrator must afford the owner an opportunity to appeal the vehicle immobilization eligibility determination prior to the placing of a vehicle on the vehicle immobilization-eligible list. Although the parking administrator does not have the authority to adjudicate the merits of any parking ticket, they must, however, receive evidence and other input from the owner appealing the vehicle immobilization eligibility determination that the notice given under subsection (3) of this section was erroneous or based on erroneous information.

(5) If an owner timely participates in the appeal as scheduled by the parking administrator, the administrator must furnish the owner written notice of their decision prior to placing the vehicle on the vehicle immobilization-eligible list.

(6) After the specified date provided in the notice issued under subsection (3) of this section, the parking administrator must review the records to ensure that the alleged unpaid parking tickets have not been paid or otherwise resolved, and that no information has been received indicating that the notice was erroneous.

(7) Once a vehicle has been placed on the vehicle immobilization-eligible list, it must not be removed from the list unless and until:

(a) The fines and fees on all unpaid parking tickets issued during the time it has been registered to or otherwise held by the owner are paid or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees;

(b) The parking administrator receives reliable information that title to the vehicle has been transferred; or

(c) The parking administrator determines that the placement of the vehicle on the vehicle immobilization-eligible list was erroneous.

(8) If a vehicle is not properly registered in any state or no registration information is available to the university and the vehicle is vehicle immobilization eligible, then notice is provided by posting on the vehicle a conspicuous notice, which must set forth:

(a) A description of the alleged vehicle immobilization-eligible vehicle;

(b) A specified date on which the vehicle immobilization-eligible vehicle is subject to placement on the vehicle immobilization-eligible list;

(c) That the owner may avoid placement of the vehicle on the vehicle immobilization-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date certain on which the vehicle is subject to placement on the vehicle immobilization-eligible list; and

(d) That the vehicle is subject to vehicle immobilization, towing, or both once it is placed on the vehicle immobilization-eligible list.

(9) An officer must attempt to provide vehicle immobilization on any vehicle which appears on the vehicle immobilization-eligible list when parked, lawfully or unlawfully, on campus.

(10) The parking administrator must ensure officers are on duty or services are available to remove vehicle immobilization devices from vehicles Monday through Friday between 8:00 a.m. and 5:00 p.m.; except during recognized holidays.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-870, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-870, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-870, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-14-880 Fees, fines, and release of an impounded vehicle.

The owner of an impounded vehicle may not secure the release of the stored vehicle until payment in full of fines and fees has been made on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees relating to the vehicle which were issued while the vehicle was owned by the individual who owned the vehicle at the time it is immobilized by a vehicle immobilization device or towed hereunder, and the owner has paid in full the vehicle immobilization fee, unpaid parking tickets, late fees, storage fees, and towing fees for any and all other vehicles owned by the registered owner.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-880, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-880, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-880, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-14-885 Theft, damage, or removal of a vehicle immobilization device.

The following conduct of any individual must be reported to the parking office or university security:

(1) Causing physical damage to a vehicle immobilization device;

(2) Removing, or attempting to remove, a vehicle immobilization device; or

(3) Taking or stealing a vehicle immobilization device.

History

Statutory Authority: RCW 28B.30.150. WSR 20-24-091, § 504-14-885, filed 11/25/20, effective 12/26/20
WSR 19-09-080, § 504-14-885, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-885, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-14-900 Speed limits.

History

Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-900, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-920 Closed and restricted areas.

In certain designated areas on campus, such as the pedestrian mall in the campus core, driving is restricted to mall service vehicles and vehicles bearing university-issued individuals with disability permits.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-920, filed 4/17/19, effective 5/18/19
WSR 08-08-048, § 504-14-920, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-920, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-930 Bicycles, skateboards, scooters, and roller skates.

(1) The riding and use of bicycles, skateboards, scooters, and roller skates is prohibited on all building plazas, pedestrian overpasses, interior building spaces, parking structures, parking structure ramps, stairways, steps, ledges, benches, planting areas, or any other fixtures, and in any other posted area.

(2) Bicycles, skateboards, scooters, and roller skates may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided. Operators must move at a safe speed and yield to pedestrians at all times.

(3) Electric-assisted bicycles must be used in a human propulsion only mode on pedestrian malls and sidewalks.

(4) Motorized foot scooters must be used in a human propulsion only mode on sidewalks.

(5) Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of bicycles, skateboards, scooters, and roller skates on any part of campus is prohibited.

(6) Bicyclists must obey all traffic laws applying to persons riding bicycles when operating bicycles on roadways.

(7) Bicycles must be secured only at university-provided bicycle racks and bicycle storage facilities designed for such purpose.

(8) Bicycles that are not secured at university-provided bicycle racks or bicycle storage facilities may be impounded at the owner's expense.

(9) Abandoned and inoperable bicycles. Internal policies regarding abandoned and inoperable bicycles, including the impoundment of bicycles at the WSUS campus, may be established upon approval by the chancellor or designee whose responsibilities include supervision of the parking office.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-930, filed 4/17/19, effective 5/18/19. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-930, filed 8/24/01, effective 9/24/01.

Wash. Admin. Code § 504-14-940 Pedestrians.

(1) When traffic control signals are in place at intersections, pedestrians are subject to them.

(3) No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(4) Pedestrians who are between adjacent intersections at which traffic control signals are in operation must not cross at any place except in a marked crosswalk.

History

Statutory Authority: RCW 28B.30.150. WSR 19-09-080, § 504-14-940, filed 4/17/19, effective 5/18/19. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 01-18-015, § 504-14-940, filed 8/24/01, effective 9/24/01.

Chapter 504-15 Campus parking and traffic regulations for Washington State University Pullman.

Wash. Admin. Code § 504-15-010 Authorization.

Pursuant to the authority granted by RCW 28B.30.125, 28B.30.150, 28B.10.560, and chapter 34.05 RCW, the board of regents of the university adopts this chapter to govern parking and traffic on the Pullman campus. The board of regents may delegate authority to the president or their designee to adopt changes to the parking and traffic rules in this chapter. If adoption authority is delegated to the president or their designee, changes to this chapter are not submitted to the board of regents.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-010, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-010, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-010, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-020 Purposes of regulations.

(1) The purposes of these regulations are to:

(a) Expedite university business and provide maximum safety, order, and access;

(b) Regulate parking, with priority given to:

(i) Services of the university;

(ii) Individuals who require the use of vehicles in connection with their on-campus work; and

(iii) Staff and students who require the use of private vehicles because of a disability or other approved reason; and

(2) The vice president or designee whose responsibilities include supervision of the parking department has the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-020, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-020, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-020, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-030 Knowledge of parking regulations.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-050, § 504-15-030, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-030, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-040 Applicable parking and traffic laws and regulations.

The following laws and regulations apply upon lands owned and/or controlled by the university Pullman campus:

(1) The motor vehicle and other traffic laws of the state of Washington (Revised Code of Washington); and

(2) Chapter 504-15 of the Washington Administrative Code.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-050, § 504-15-040, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-040, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-050 Emergencies.

The president of the university or designee has authority to suspend, modify, or repeal any or all provisions in this chapter in the event of an emergency, disaster, or other like contingency. Such action is to be limited in duration and scope based on the incident.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-050, filed 8/7/24, effective 9/7/24
WSR 08-08-050, § 504-15-050, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-050, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-080 Severability.

If any provision of this chapter, chapter 504-15 WAC, or its application to any individual or circumstance is held invalid, the remainder of the chapter or its application to other individuals or circumstances is unaffected.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-080, filed 5/15/19, effective 6/15/19. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-080, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-100 Definitions.

The definitions in this section are applicable within the context of this chapter.

(1) Campus. Describes all property owned, leased, and/or controlled by the university Pullman campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of the university.

(2) Carpool. An arrangement in which three or more patrons share a ride to campus in which one permit is used for more than one vehicle. Also referred to as rideshare or ride sharing.

(3) Commuter student. Any student who does not live in a university residence hall. All students living in university-owned housing (other than residence halls) and private housing are considered to be commuter students.

(4) Day. Unless otherwise specified, the term "day" refers to a calendar day.

(5) Disability authorization. A state-issued disability instrument, e.g., placard, license plate, tab. Disability authorization includes the state-issued registration documentation issued to the person utilizing the authorization.

(6) Disability zone. A parking zone designated for exclusive use by individuals with disability and identified with a sign bearing the associated international symbol.

(7) Electric-assisted bicycle. As defined under RCW 46.04.169.

(8) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.

(9) Hearing officer. Any individual appointed to consider parking violations and the application of fees, fines, and sanctions. Said individual is appointed by the parking administrator whose responsibilities include supervision of the parking department or designee.

(10) Hourly parking space. A space in a parking lot, street side parking, or other designated hourly parking area. Hourly parking spaces only accept payment in minute/hourly increments.

(11) Illegal use of parking permit. A parking violation in which a parking ticket is issued under the following circumstances:

(a) Use of a parking permit on a vehicle other than the specified vehicle identified by a license plate number on the permit.

(b) Use of a parking permit or indicator obtained under false pretenses.

(d) Use and/or retention of a parking permit or indicator by individual(s) ineligible, or no longer eligible, for such a parking permit as described and authorized in this chapter.

(12) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.

(13) Indicator. A decal or hanger displayed adjacent to a parking permit which defines additional parking areas available to a permit holder.

(14) Living unit. A space in which a person resides and/or sleeps.

(15) Loading zone. A loading dock, or an area signed "loading zone" adjacent to a facility, in a parking area, or near a residence hall. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.

(16) Micromobility device. Bicycles, skateboards, scooters, roller skates/blades, and all other human-powered, motorized, or electrically assisted rolling conveyances.

(17) Moped. As defined under RCW 46.04.304.

(18) Motorcycle. As defined under RCW 46.04.330.

(19) Motorized foot scooter. As defined under RCW 46.04.336.

(20) Motor vehicle. As defined under RCW 46.04.320.

(21) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow.

(22) Officer. Any parking or police official employed by the university who is designated by the parking administrator or chief of police to issue parking tickets, to place and remove wheel locks, or to cause vehicles to be towed under this chapter.

(23) Owner. The individual registered with any state as the present owner of a vehicle in the most current registration records available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator or chief of police has received actual written notice of the transfer.

(24) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.

(25) Parking administrator. The director in charge of the parking department or designee.

(26) Parking appeals committee. Any individual(s) appointed to consider parking violations and the application of fees, fines, and sanctions. Said individual(s) are appointed by the parking administrator whose responsibilities include supervision of the parking department or designee.

(27) Parking department. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities; enforcing the parking regulations; and coordinating commute trip reduction efforts for the Pullman campus.

(28) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on the campus. A parking payment device is not a parking meter.

(29) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking department that is displayed from a vehicle, and authorizes parking in specified areas. Some parking permits may be purchased online and may be virtual in nature, and identified by other means such as by license plate. (See the definition of "virtual permit" in subsection (50) of this section.) Also referred to as "permit" in this chapter.

(30) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.

(31) Pay parking facility. A location where parking is provided, and payment is made on-site via a parking application, website, or by other means approved by the parking department.

(32) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances. These restricted areas are depicted on the Pullman campus map and/or with signing at the entrances to the pedestrian mall areas.

(33) Individuals with disability. For the purpose of this chapter, individuals with disability refer to an individual or individuals with disability or disabilities who qualify for a state-issued individual with disabilities parking identification and authorization.

(34) Resident priority zone. A parking area (i.e., crimson zone or gray zone) that is typically limited to use by residence hall students.

(35) Residence hall student. A student with a current, valid residence hall contract, who lives in a residence hall.

(36) Residence hall. Residence hall units that are owned by the university but are not included as university-owned housing apartments. Occupants of residence halls are considered residence hall students and are eligible for parking permits in resident priority zones.

(37) Service vehicle. A vehicle used to provide a service for the university or a tenant or contractor of the university (e.g., a university owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).

(38) Service zone. Parking spaces or area designated for the use of service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones on an occasional basis for a maximum of 15 minutes, except for vehicles that display a commercial permit, or a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.

(39) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university and the nonstudent employees of other entities located on, or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university, or other entities located on, or regularly doing business on campus, are not "staff." They are considered to be students for the purpose of these regulations.

(40) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.

(41) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.

(42) Student. The term "student" includes all individuals who are not staff who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more classes.

(43) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session, and ending on the last day of the latest session.

(44) University. Refers to Washington State University.

(45) University holiday. A day regarded by the university as an official university holiday.

(46) University-owned housing. Housing units or apartments, and their respective parking areas, that are owned by the university, but are not included as residence halls. Occupants of university-owned housing are eligible for housing parking permits issued by the university.

(47) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.

(48) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of the university are open during this time.

(49) Vehicle storage. Vehicle storage means the parking or leaving of any vehicle for a period of more than 24 consecutive hours.

(50) Virtual permit. A virtual permit is an electronic permit given at the time of vehicle registration with the parking department, allowing the registered vehicle to park in a designated lot, zone, or space. The virtual permit is associated with the vehicle license plate number and is used to identify the parking authorization.

(51) Visitors. Individuals who are not staff or students and who only visit the campus on an occasional basis.

(52) Wheel lock. A device used to temporarily immobilize a motor vehicle. Wheel locked vehicles are considered to be impounded in place and subject to storage fees.

(53) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking department. A vehicle remains on the wheel lock-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(54) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than 30 days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains wheel lock-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(55) WSU disability permit. A valid state-issued disability authorization along with a WSU orange, green, yellow, red, blue, crimson, gray, college hill, or golden cougar parking permit.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-100, filed 8/7/24, effective 9/7/24
WSR 22-18-025, § 504-15-100, filed 8/29/22, effective 9/29/22
WSR 19-11-063, § 504-15-100, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-100, filed 5/14/15, effective 6/14/15
WSR 14-11-024, § 504-15-100, filed 5/12/14, effective 6/12/14
WSR 10-11-083, § 504-15-100, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-100, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-100, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-100, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-100, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-200 Enforcement authority.

The parking department and the university police department are charged with the impartial enforcement of these regulations. Officers of these departments have authority to issue parking tickets, to impound vehicles, and to control access to areas.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-050, § 504-15-200, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-200, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-200, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-210 Times of enforcement.

Parking regulations are subject to enforcement at all times.

(1) Parking permit areas. All parking permit zones are limited to authorized permit holders during specific hours. These hours are posted in each parking area at the entrance to parking areas, or along roadways where parking is marked.

(2) Restricted spaces. These spaces are restricted for their designated purpose at all times unless signed otherwise:

(a) Disability zones.

(b) Load/unload.

(d) Reserved.

(e) Pedestrian mall.

(f) Areas which are specially signed or physically set apart by barricades, traffic cones, tape, or other traffic devices.

(3) Special conditions. The parking regulations are enforced every day, 24 hours a day. During certain times the following special conditions exist, and the regulations are modified.

(a) Crimson permit zones. Crimson permits are required at all times except during university holidays.

(b) Gray permit zones. Gray permits are required at all times except during university holidays.

(c) The parking department may select and designate portions of permit zones as temporary loading zones at the start of each semester to accommodate moving into and out of residence halls and during finals week.

(4) Pay parking facilities. Some parking areas provide parking on an hourly basis. Hours of operation and restrictions are posted at the facility entrance. Both the hours of operation and schedule of fees are available at the point of payment. Parking tickets are issued to vehicles that are parked over the duration of time that was paid and for nonpayment.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-210, filed 8/7/24, effective 9/7/24
WSR 14-11-024, § 504-15-210, filed 5/12/14, effective 6/12/14
WSR 10-11-083, § 504-15-210, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-210, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-210, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-210, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-210, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-220 Signed and marked areas.

(1) Parking on campus is allowed only in the marked and/or signed spaces in parking facilities and on streets. All other areas outside these designated areas are "no parking zones." Each parking facility has signs or markings to indicate the type of permit or payment required, and the times they are required.

(2) Individual parking spaces are marked, and no vehicle may be parked so as to occupy any portion of more than one parking space. The fact that other vehicles were parked in a manner requiring a vehicle to occupy a portion of more than one space must not constitute an excuse for a violation of this regulation.

(3) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.

(4) Permit areas and restricted spaces are not always signed individually.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-220, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-220, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-220, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-220, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-250 Motorcycles and mopeds.

(3) Motorcycles and mopeds. Motorcycles and mopeds may park in spaces which are marked by signs, or the letter "M" painted on the parking surface. Motorcycles and mopeds must display a valid university "M" permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only. Motorcycles and mopeds may not park at bicycle racks or anywhere within designated pedestrian mall areas at any time.

(4) Motorcycles and mopeds may park in a zone parking space as long as the vehicle is associated with the correct zone permit.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-250, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-250, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-250, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-250, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-250, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-300 Financial responsibility for parking tickets.

(1) Each registered parking permit holder is financially responsible for parking tickets on vehicles:

(a) Registered with the parking department; and/or

(b) Displaying the registered parking permit holder's permit.

(2) Owners of vehicles are ultimately held financially responsible for parking tickets issued to their vehicles.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-300, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-300, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-300, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-350 Use of areas for emergency, maintenance, events, or construction.

(1) The university reserves the right to restrict access to any campus parking area, roadway, or sidewalk at any time it is deemed necessary for maintenance, safety, events, construction, or emergencies. The parking department provides notice to users when possible.

(2) The parking department may authorize the towing of vehicles parked in areas that are designated to be used for emergencies, maintenance, events, or construction. Towing is at the owner's expense.

(3) Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

History

Statutory Authority: RCW 28B.30.150. WSR 15-11-036, § 504-15-350, filed 5/14/15, effective 6/14/15
WSR 14-11-024, § 504-15-350, filed 5/12/14, effective 6/12/14
WSR 08-08-050, § 504-15-350, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-350, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-350, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-360 Liability.

The university assumes no responsibility for the care and protection of any vehicle or its contents at any time the vehicle is on university property.

History

Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-360, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-370 Vehicle storage and abandonment.

(1) The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by the parking department.

(2) No person may use any vehicle parked on campus as a living unit without specific approval from the parking department. Violators may be cited and the vehicle impounded.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-370, filed 8/7/24, effective 9/7/24
WSR 22-18-025, § 504-15-370, filed 8/29/22, effective 9/29/22
WSR 15-11-036, § 504-15-370, filed 5/14/15, effective 6/14/15
WSR 10-11-083, § 504-15-370, filed 5/17/10, effective 7/1/10.

Wash. Admin. Code § 504-15-410 Issuance, use, and term of parking permits.

Parking permits are issued by the parking department for available areas upon application and the payment of the appropriate fees. The applicant may receive a parking permit and/or indicator which specifies parking area(s) where the vehicle may be parked. Permits are valid up to and including the expiration date on the permit.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-050, § 504-15-410, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-410, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-420 Withholding of fines and fees.

All parking permit applications must provide that the university may withhold unpaid fines and fees, when permitted by law, from any sums owed the permit holder and to treat the same as a debt.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-420, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-420, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-420, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-440 Transfer of parking permit.

A parking permit is not transferable.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-050, § 504-15-440, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-440, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-450 Replacement parking permits.

(1) Sold or traded vehicles. Failure to advise the parking department of a sale or trade for registration purposes may result in continued responsibility to the permit holder for parking tickets received on vehicles.

The permit holder has responsibility for removing parking permits prior to selling or trading a vehicle. The identifiable remnants of the original permit must be presented to the parking department to receive a free replacement. Individuals failing to comply with this requirement must pay the cost of a new permit.

(2) Lost/stolen permits. Permit holders are responsible for the security of their permits. The theft or loss of a parking permit should be reported to the parking department immediately upon discovery. A lost or stolen permit may be replaced upon payment to the parking department of the cost of replacing the permit, according to a schedule adopted by the parking department. Lost or stolen permits must be returned to the parking department immediately if recovered.

(3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee is waived if proof of windshield replacement is presented.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-450, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-450, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-450, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-450, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-450, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-460 False information.

No individual may obtain, attempt to obtain, or use in a manner contrary to these regulations, a modified parking permit or a permit issued upon false information. A violation of this section includes giving a false name, address, identification number, and/or other information known to be false. It also includes the use of a commercial permit by staff or students. Violation of this provision constitutes the illegal use of a parking permit, and is subject to issuance of a parking ticket.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-460, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-460, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-460, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-460, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-460, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-460, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-470 Recall of parking permits.

Parking permits are the property of the university and may be recalled by the parking administrator when:

(1) The purpose for which the permit was issued changes or no longer exists (e.g., an individual who no longer lives in a residence hall would be required to return their gray permit for refund or credit toward an appropriate permit);

(2) A permit is used on an unauthorized vehicle or by an unauthorized individual;

(3) A parking permit application is falsified;

(4) A counterfeit, modified, or lost/stolen permit is used; or

(5) The parking permit fee is unpaid.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-470, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-470, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-470, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-470, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-470, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-510 Parking permits—General.

(1) The university issues parking permits for designated areas of the campus. Any vehicle parked on the campus must clearly display a valid university parking permit in accordance with this chapter during the posted hours and in locations when and where permits are required. University staff and students may not use any other permit in lieu of a valid university parking permit or valid university housing parking permit.

(2) Inoperable vehicles. It is the owner's responsibility to immediately contact the parking department or police department in the event that the owner's vehicle becomes inoperable when the vehicle is parked on campus.

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-083, § 504-15-510, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-510, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-510, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-520 Parking permits—Form and display.

All parking permits issued must be entirely visible and displayed in the approved position on the vehicle with permit numbers and relevant dates visible. Vehicles with parking permits which are not displayed in accordance with the provisions of this section are subject to parking tickets for the violation of improperly displaying a parking permit.

(1) Autos and trucks:

(a) Daily parking permits must be displayed as instructed.

(b) Annual parking permits must be displayed as instructed.

(2) Motorcycles and mopeds. "M" permits must be displayed as instructed.

(3) Virtual parking permits. The virtual permit is associated with the license plate registered.

(a) Vehicles must be parked so that the license plate is visible from the driving aisle.

(b) No covers may be placed over the license plate that would inhibit the reflectivity of the plate.

(c) The alphanumeric characters of the license plate must be visible and unobstructed by license plate frames or other accessories.

(d) Individuals with virtual permits must ensure their current vehicle is registered and associated with their virtual permit. This process can be accomplished at the parking department.

(e) Multiple vehicles on the same virtual permit do not allow for more than one motor vehicle to be parked in a permit area on campus during the same period.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-520, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-520, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-520, filed 5/14/15, effective 6/14/15
WSR 10-11-083, § 504-15-520, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-520, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-520, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-540 Zone parking permits—Availability and use.

The management and assignment of parking zones is designed to provide a parking space to each permit holder. However, uncontrolled access to parking areas and unexpected parking demand makes it impossible to guarantee a parking space in a permit holder's assigned zone. Every effort is made via surveys and limits on permit sales, to ensure that permit holders are not displaced from their assigned zones.

Staff and students are generally assigned to specific parking areas, referred to as zones. Parking zones are color-coded with respect to their price and numbered with respect to the specific parking zone assignment of each permit holder. Permit holders may park in their assigned zone as reflected by the combination of color and number on their permit and corresponding sign, or they may park in other zones as described below.

(1) Orange permits. Orange permit holders may park in their numerically assigned orange zone, or in any green, yellow, red, or blue zone.

(2) Green permits. Green permit holders may park in their numerically assigned green zone, or in any yellow, red, or blue zone.

(3) Yellow permits. Yellow permit holders may park in their numerically assigned yellow zone, or in any red or blue zone.

(4) Red permits. Red permit holders may park in their numerically assigned red zone or in any blue zone.

(5) Crimson permits. Crimson 1 permit holders may park in the crimson 1 zone, or in any gray 1 zone, or blue 1 zone. Crimson 2 permit holders may park in the crimson 2 zone, or in any gray 2 zone, or blue 1 zone. Crimson 3 permit holders may park in the crimson 3 zone, or in any gray 2 zone, or blue 1 zone. Crimson 4 permit holders may park in the crimson 4 zone, or in any gray 1 zone, or blue 1 zone. Crimson permit holders must turn in their crimson permit for a refund or credit toward another permit, if applicable, immediately upon moving out of the residence hall. Only residence hall students are eligible for crimson permits. Residence hall students are eligible for crimson, gray, or blue permits only.

(6) Gray permits. Gray permit holders may park in their numerically assigned gray zone, or in any blue zone. These permits may be made available on a daily basis. Gray permit holders must turn in their gray permit for refund or credit toward another permit, if applicable, immediately upon moving out of a residence hall. Only residence hall students are eligible for gray permits. Residence hall students are eligible for crimson, gray, or blue permits only.

(7) Blue permits. Blue permit holders may park in any blue zone. These permits may be made available on a daily basis.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-540, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-540, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-540, filed 5/14/15, effective 6/14/15
WSR 14-11-024, § 504-15-540, filed 5/12/14, effective 6/12/14
WSR 10-11-083, § 504-15-540, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-540, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-540, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-540, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-540, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-560 Other parking permits—Availability and use.

(1) Visitor permits. For information about visitor parking, refer to the parking department's website.

(2) Golden cougar permits. Golden cougar permits are special permits that are issued to retired or emeritus staff for their sole use in recognition of their service. They are issued on an annual basis and are valid in designated areas that are approved by the parking department. Staff who are employed by the university or by other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit.

(3) Event permits. Event permits are available to patrons who participate in events held on the university campus. They are available on a daily basis only. Event permits are assigned to specific zones on a space-available basis. Event permits are not valid in restricted spaces.

(4) "M" permits. Motorcycle and moped permits are valid within boundaries of areas specifically posted and/or marked for "M" permits. "M" permits are available on an annual and daily basis.

(5) Commercial permits. Commercial permits are issued to vendors, suppliers, and service representatives of outside companies performing a service for the university. Commercial permits are available on an annual or daily basis. Annual commercial permits are valid in service zones, pay parking facilities, and orange, green, yellow, red, and blue zones. Commercial permits may be assigned to specific zones on a space-available basis.

(6) Housing permits. A housing permit is issued to eligible residents of university-owned housing. Housing permits are valid only in specific housing parking areas.

(7) Carpool. Upon application, a carpool is given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

(8) Departmental permits. Departmental parking permits are available for use by department visitors or employees who need to use their personal vehicles for university business. Departmental permits are valid at; service zones; orange, green, yellow, red, and blue zones; and pay parking facilities. Departmental permits are not valid in pedestrian malls or reserved spaces. The use of departmental permits for anything other than official departmental business is prohibited by the State Ethics Act.

(9) Premier guest permits. Premier guest permits are valid at orange, green, yellow, red, and blue zones, and pay parking facilities. Premier guest permits are not valid in pedestrian malls or reserved spaces.

(10) College hill permits. College hill permits are valid in designated numerically assigned parking areas that are approved by the parking department.

(11) Night parking permits. Night parking permits are permits issued to designated WSU employees approved by the parking department that allow the approved employees to park during specific hours in designated areas.

(12) Exempt permits. Exempt permits are issued to departments and entities located on campus for university owned vehicles and other publicly owned vehicles. All other publicly owned vehicles owned by entities not located on or regularly doing business on campus must display a valid permit to park on campus. Police, fire, and emergency vehicles are not required to display a permit on campus.

(13) Media permits. Media permits are issued to media organizations that need to cover news on the WSU Pullman campus. Media permits are valid in green, yellow, red, and blue zones. Media employees who are also WSU students, faculty, or staff may use the media permit only to cover news stories. Media permits may not be used for personal use, attending class, other day-to-day services that fall within normal job duties. Any attempt by WSU students, faculty, or staff to use a media permit in lieu of a WSU permit may result in a fine for illegal use of a parking permit and/or recall of the media permit by the parking department.

(14) WSU permits. WSU permits are issued at the discretion of the parking department. WSU permits are valid in orange, green, yellow, red, and blue zones, and pay parking facilities.

(15) Day permits. Day permits are sold on a daily basis and are valid in green, yellow, red, and blue zones.

(16) Reserved permits. Reserved permits are valid in a designated reserved lot or space.

(17) Service permits. Service permits are valid for a maximum of 15 minutes in a marked service zone. Service permits are issued upon the approval of the parking department.

(18) Mall service permits. Mall service permits are valid for a maximum of 15 minutes in select pedestrian malls. Mall service permits are issued upon the approval of the parking department.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-560, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-560, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-560, filed 5/14/15, effective 6/14/15
WSR 14-11-024, § 504-15-560, filed 5/12/14, effective 6/12/14
WSR 10-11-083, § 504-15-560, filed 5/17/10, effective 7/1/10
WSR 09-11-069, § 504-15-560, filed 5/14/09, effective 7/1/09
WSR 08-08-050, § 504-15-560, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-560, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-560, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-600 Parking for individuals with disability.

(1) The provisions of this chapter cover disability parking and the payment of fees and fines associated with parking for individuals with disability.

(2) For the purpose of this chapter, individuals with disability refer to individuals with disability who qualify for a state-issued individual with disabilities parking authorization and permit as provided in chapter 308-96B WAC.

(3) The university uses the state individual with disabilities parking permit authorization to determine eligibility for disability parking.

(4) Unless otherwise authorized, parking in spaces designated for individuals with disability requires a WSU disability permit to park on campus.

(5) Individuals with a WSU disability permit may park in an individuals with disability parking space and any other, nonrestricted permit space within a parking permit zone.

(6) Individuals with a WSU disability permit may not park in restricted spaces with the exception of individuals with disability parking spaces.

(7) Unless otherwise posted, any university parking permit to include a WSU disability permit is not valid in lieu of payment of regular posted fees in pay parking facilities.

(8) A state-issued individual with disabilities license plate, placard, or tab, etc. is valid in lieu of a WSU disability permit in parking zones during times when a university permit is not required.

(9) The university intends to retain control of access to the pedestrian malls on campus. For that reason a WSU disability permit is required as authorization to use a pedestrian mall to access marked individuals with disability parking spaces within the confines of a pedestrian mall. Individuals with disabilities must use the closest entrance of the pedestrian mall to access the disability spaces. Shortcutting of the pedestrian malls is prohibited.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-600, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-600, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-600, filed 5/14/15, effective 6/14/15
WSR 08-08-050, § 504-15-600, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-600, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-600, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-600, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-650 Parking fees and fines.

(1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, prorate and refund schedules, and the effective date thereof are submitted to the president or their designee and to the board of regents for approval by motion, provided, however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or their designee to approve all such fees and fines. The schedules described above for all parking fees and fines are thereafter posted in the public area of the parking department office and posted on the parking department's website.

(2) Before purchasing a permit, the balance of any fees and fines owed to the parking department must be paid in full.

(3) Payments. Parking fees and fines may be paid at the parking department by cash, check, approved payment card, or money order. A payroll deduction plan is available for eligible university employees and eligible graduate students.

(4) The annual fee for any shorter period relative to all permits is prorated according to the published schedule.

(5) The proper fee must be paid for all vehicles parked in hourly spaces unless otherwise authorized.

(6) Staff members whose work schedules qualify them for nighttime differential pay may purchase a permit for one-half the regular fee. Verification is required.

(7) Refunds. Annual physical permits being relinquished must be returned to the parking department in person for a pro rata refund in accordance with university policy. Identifiable remnants of physical permits must be returned. In the case of annual virtual permits, the permit purchaser must notify the parking department in person or in writing that they want to relinquish the permit permissions for a pro rata refund in accordance with university policy. The balance of any fees and fines owed the parking department is deducted from any refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.

(8) The parking department makes a wide array of options available in advance to university departments for use by their visitors, guests, and employees for the purpose of conducting departmental business. However, when necessary, university departments that can establish in writing that a parking ticket issued by the parking department was received as a result of parking any vehicle for the purpose of conducting official state business, or while conducting official business with the university or an entity located at the university are assessed a parking fee assessment (PFA) in lieu of the parking fine. Such requests for PFAs are signed by a department fiscal custodian. A PFA consists of the maximum daily parking fee plus an additional administrative fee for failing to purchase and provide the necessary parking permit or fee in advance or at the time of parking. University departments are encouraged to avoid additional administrative fees associated with PFAs by purchasing parking permits and by making them available as the department deems necessary. Nothing in this regulation allows a university employee to receive, or attempt to receive, any benefit associated with their personal expenses in violation of the State Ethics Act. All questionable employee conduct regarding the application of this section is reported to, and investigated by, the university internal auditor. This section applies only to parking tickets issued pursuant to this chapter.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-650, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-650, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-650, filed 5/14/15, effective 6/14/15
WSR 08-08-050, § 504-15-650, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-650, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, [28B.30].125, [28B.30].150. WSR 01-13-102, § 504-15-650, filed 6/20/01, effective 7/21/01
WSR 95-13-003, § 504-15-650, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-650, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-750 Reciprocal parking agreements.

(2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the university Pullman campus or employees of other entities located on the Pullman campus must display a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid university Pullman campus permit may result in a fine for illegal use of a parking permit.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-050, § 504-15-750, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-750, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-750, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-810 Violations, fines, and sanctions.

(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at the parking department or at other authorized locations, by mail, or from the parking department's website. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking department office and on the parking department's website.

(2) Reduction of fines. Internal policies regarding disposition of parking tickets may be established on approval of the vice president or designee whose responsibilities include supervision of the parking department.

(3) Payment of parking fines.

(a) All parking fines and fees are due upon issuance. Thirty days after date of issuance, a late fee is added to all unpaid parking fines. For example, a parking ticket issued on May 1st is assessed a late fee on May 31st.

(b) Parking fines and fees assessed for any violation results in referral to the university controller's office for internal collection. Where internal collection efforts are unsuccessful, the controller or designee may place a hold on student transcripts, registration, or other university services until outstanding fines and fees are paid, and/or transfer the account to an external collection agency. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing or use of the wheel lock device described in these regulations. Nor are the procedures discussed above a precondition to towing or use of the wheel lock.

(c) Account balances not paid to the university voluntarily may be forwarded to an external collections agency and are subject to additional collection fees of up to 50 percent, attorney's fees, and court costs when necessary.

(4) Failure to pay fines. Failure to pay a fine or comply with other penalties assessed pursuant to these regulations, and exhausting or failing to exercise appeals provided for in these regulations, may result in the inability to renew a vehicle license through the state pursuant to RCW 46.16A.120.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-810, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-810, filed 5/15/19, effective 6/15/19
WSR 14-11-024, § 504-15-810, filed 5/12/14, effective 6/12/14
WSR 10-11-083, § 504-15-810, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-810, filed 3/27/08, effective 7/1/08
WSR 02-14-071, § 504-15-810, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-810, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-810, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-860 Appeal procedures.

The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided or appealed as provided in this chapter.

(1) Purpose. The parking appeals process serves three primary functions:

(a) To hear parking ticket appeals;

(b) To hear appeals of wheel lock eligibility determinations; and

(2) Procedure. Any individual who has received a parking ticket may appeal the alleged parking violation. Appeal of wheel lock eligibility determinations and impoundments are described in WAC 504-15-865 and 504-15-870. Parking tickets may be processed by an appeals committee member or an assigned hearing officer.

(3) Written parking ticket appeals. The appeal must be in writing and received at the parking department within 10 calendar days of issuance of the parking ticket. Forms are available online. The parking appeals committee or hearing officer makes an initial decision regarding the appeal within 20 calendar days during the academic year and within 30 calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason(s) for its decision to the appellant within 10 calendar days of the decision.

(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, the appellant may request a hearing before a hearing officer or the parking appeals committee. Such request must be made within 10 calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision is final. During the hearing the appellant and representatives of the parking department may present and cross-examine witnesses. The hearing officer or appeals committee renders a decision in writing and provides the appellant with the decision within 10 calendar days after the hearing.

(5) Appeal to district court. RCW 28B.10.560 provides that an individual who is not satisfied with the final decision of the university may appeal to district court. The notification of appeal to district court must be in writing and must be received at the parking department within 10 calendar days after the date of the review hearing. The parking department forwards the documents relating to the appeal to the district court.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-860, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-860, filed 5/15/19, effective 6/15/19
WSR 14-11-024, § 504-15-860, filed 5/12/14, effective 6/12/14
WSR 08-08-050, § 504-15-860, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-860, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-860, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-865 General.

(1) Pursuant to the provisions of this chapter, an officer must cause a vehicle to be wheel locked, or towed, or both, if:

(a) The vehicle is on the wheel lock-eligible list; or

(b) The vehicle displays a lost, stolen, or counterfeit parking permit.

(2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:

(a) Has been immobilized by wheel lock for more than 24 hours; or

(b) Is illegally parked in a marked tow-away zone; or

(c) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or

(d) Cannot be immobilized with a wheel lock device; or

(e) Is illegally parked in a disability space; or

(f) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or

(g) Is otherwise illegally parked based on the executive authority of the parking department or the university police department.

(3) The driver and/or owner of a towed vehicle must pay towing and storage expenses.

(4) Any vehicle immobilized by use of the wheel lock device in excess of 24 hours is assessed a storage fee for each calendar day or portion thereof, beyond the first 24 hours.

(5) The university assumes no responsibility in the event of damages resulting from towing, use of wheel lock devices, storage, or attempts to move a vehicle with a wheel lock device installed.

(6) No vehicle impounded by towing or wheel lock devices is released until the following fines are paid in cash or with an approved payment card:

(a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the owner;

(b) A wheel lock fee; and

(7) An individual wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-15-860. However, in order to secure release of the vehicle, such individual must pay the amount of such fines or fees as a bond which is refunded to the extent the appeal is successful.

(8) An accumulation of six unpaid violations during any 12-month period, subjects the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-865, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-865, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-865, filed 5/14/15, effective 6/14/15
WSR 08-08-050, § 504-15-865, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-15-870 Wheel lock-eligible list.

(1) The parking administrator is responsible for creating and maintaining the wheel lock-eligible list. See definition of "wheel lock-eligible vehicle under WAC 504-15-100(50)."

(2) A wheel lock-eligible vehicle is placed on the wheel lock-eligible list after notice has been issued as provided in subsection (3) of this section and an appeal of the wheel lock eligibility determination, if requested, under subsection (4) of this section.

(3) At least 10 days prior to placing a vehicle on the wheel lock-eligible list, the parking administrator must mail a notice to the owner. The parking administrator mails the notice to the address stated on the most current registration records available to the university from a state, or any more current address of which the parking administrator or chief of police has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice must set forth:

(a) The make and license plate number of the alleged wheel lock-eligible vehicle.

(b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list.

(d) That the owner may avoid the placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date on which the vehicle is subject to placement on the wheel lock-eligible list.

(e) The name, mailing address (and street address if different), and telephone number of the parking department office that may be contacted to appeal the wheel lock eligibility determination. Such an appeal only considers whether an individual vehicle was properly placed on the wheel lock-eligible list and not the merits of an individual parking ticket, which may be addressed pursuant to a separate appeals process described in WAC 504-15-860.

(f) That the vehicle is subject to wheel lock, towing, or both once it is placed on the wheel lock-eligible list.

(g) That all late fees, wheel lock fees, towing, and storage fees must be payable in full to obtain the release of a vehicle wheel locked or towed pursuant to this chapter in addition to payment of any and all unpaid parking tickets on this vehicle or other vehicles owned by the registered owner to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(4) If a request for an appeal of a wheel lock eligibility determination is received by the parking administrator before the specified date in the notice for placement of the vehicle on the wheel lock-eligible list, then the parking administrator must afford the owner an opportunity to appeal the wheel lock eligibility determination prior to the placing of a vehicle on the wheel lock-eligible list. Although the parking administrator does not have the authority to adjudicate the merits of any parking ticket, she or he must, however, receive evidence and other input from the owner appealing the wheel lock eligibility determination that the notice given under subsection (3) of this section was erroneous or based on erroneous information.

(5) If an owner timely participates in the appeal as scheduled by the parking administrator, they must furnish the owner written notice of their decision prior to placing the vehicle on the wheel lock-eligible list.

(7) Once a vehicle has been placed on the wheel lock-eligible list, it must not be removed from the list unless and until:

(b) The parking administrator receives reliable information that title to the vehicle has been transferred; or

(c) The parking administrator determines that the placement of the vehicle on the wheel lock-eligible list was erroneous.

(8) If a vehicle is not properly registered in any state or no registration information is available to the university and the vehicle is wheel lock eligible, then notice must be provided by posting on the vehicle a conspicuous notice or mailed to the confirmed local operator. The notice must set forth:

(a) A description of the alleged wheel lock-eligible vehicle;

(b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list;

(c) That the owner may avoid placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date certain on which the vehicle is subject to placement on the wheel lock-eligible list; and

(d) That the vehicle is subject to wheel lock, towing or both once it is placed on the wheel lock-eligible list.

(9) An officer must attempt to wheel lock any vehicle which appears on the wheel lock-eligible list when parked, lawfully or unlawfully, on campus.

(10) The parking administrator or the chief of police must ensure that officers are on duty to remove wheel locks from vehicles Monday through Friday between 8:00 a.m. and 5:00 p.m.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-870, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-870, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-870, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-15-880 Fees, fines, and release of an impounded vehicle.

The owner of an impounded vehicle may not secure the release of the stored vehicle until payment in full by cash, approved payment card, or money order of fines and fees has been made on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees relating to the vehicle which were issued while the vehicle was owned by the individual who owned the vehicle at the time it is wheel locked or towed hereunder, and the owner has paid in full the wheel lock fee, unpaid parking tickets, late fees, storage fees, and towing fees for any and all other vehicles owned by the registered owner.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-880, filed 5/15/19, effective 6/15/19
WSR 10-11-083, § 504-15-880, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-880, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-15-885 Theft, damage, or removal of a wheel lock device.

The following conduct of any individual must be reported to university police:

(1) Causing physical damage to a wheel lock device;

(2) Removing, or attempting to remove, a wheel lock device; or

(3) Taking or stealing a wheel lock device.

History

Statutory Authority: RCW 28B.30.150. WSR 19-11-063, § 504-15-885, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-885, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-15-900 Speed limits.

History

Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-900, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-920 Closed and restricted areas.

In certain designated areas on campus, such as the pedestrian mall in the campus core, driving is restricted to mall service vehicles and vehicles bearing state-issued individuals with disability authorizations.

History

Statutory Authority: RCW 28B.30.150. WSR 24-16-142, § 504-15-920, filed 8/7/24, effective 9/7/24
WSR 19-11-063, § 504-15-920, filed 5/15/19, effective 6/15/19
WSR 08-08-050, § 504-15-920, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 90-11-078 (Order 90-1), § 504-15-920, filed 5/16/90, effective 7/1/90.

Wash. Admin. Code § 504-15-930 Bicycles, skateboards, scooters, and other "micromobility devices."

(2) Use of micromobility devices is prohibited on all pedestrian overpasses, interior building spaces, parking structures, parking structure ramps, all stairways, steps, ledges, benches, planting areas, any other fixtures, and in any other posted area.

(3) Micromobility devices may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided, subject to the restrictions described in subsection (9) of this section.

(4) When operated in high-traffic or congested pedestrian areas, including building plazas, pedestrian malls, and sidewalks, motorized or electric-assisted micromobility devices must:

(a) Respond to automatic controls as described in subsection (9) of this section; or

(b) Be operated only using human propulsion.

(5) Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of micromobility devices on any part of campus is prohibited.

(6) Bicyclists must obey all traffic laws applying to individuals riding bicycles when operating bicycles on roadways. Micromobility devices other than bicycles are prohibited from use on roadways.

(7) Bicycles and scooters may be secured only at bicycle racks and bicycle storage facilities designed for such purpose.

Bicycles and scooters that are not secured at bicycle racks or bicycle storage facilities may be impounded at the owner's expense.

(8) Abandoned and inoperable micromobility devices. Internal policies regarding abandoned and inoperable micromobility devices, including the impoundment of micromobility devices, may be established upon approval by the vice president or designee whose responsibilities include supervision of the parking department.

(9) The campus may implement automatic controls on the operation of certain micromobility devices based on any or all of the following:

(a) Location of the device;

(b) Time of day; and

Controls may include speed restriction, shutoff of motorized assist, or complete shutoff of the device.

(10) If there is a conflict between these regulations and on-site signage, the on-site signage takes precedence.

History

Statutory Authority: RCW 28B.30.150. WSR 22-18-025, § 504-15-930, filed 8/29/22, effective 9/29/22
WSR 19-11-063, § 504-15-930, filed 5/15/19, effective 6/15/19
WSR 15-11-036, § 504-15-930, filed 5/14/15, effective 6/14/15
WSR 14-11-024, § 504-15-930, filed 5/12/14, effective 6/12/14
WSR 10-11-083, § 504-15-930, filed 5/17/10, effective 7/1/10
WSR 08-08-050, § 504-15-930, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-13-003, § 504-15-930, filed 6/8/95, effective 7/9/95.

Chapter 504-19 Campus parking and traffic regulations for Washington State University Vancouver.

Wash. Admin. Code § 504-19-010 Authorization.

Pursuant to the authority granted by RCW 28B.30.125, 28B.30.150, 28B.10.560, and chapter 34.05 RCW, the board of regents of the university, or the university president or designee, as applicable, adopts this chapter to govern parking and traffic at Washington State University Vancouver, hereinafter referred to as WSUV.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-010, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-010, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-010, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-020 Purposes of regulations.

(1) The purposes of these regulations are to:

(a) Expedite university business and provide maximum safety, order, and access;

(b) Regulate parking, with priority given to:

(i) Services of the university;

(ii) Individuals who require the use of vehicles in connection with their on-campus work; and

(iii) Staff and students who require the use of private vehicles because of a disability or other approved reason; and

(2) The vice chancellor or designee whose responsibilities include supervision of parking services shall have the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-020, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-020, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-020, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-030 Knowledge of parking regulations.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-030, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-030, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-040 Applicable parking and traffic laws and regulations.

The following laws and regulations apply upon lands owned and/or controlled by WSUV:

(1) The motor vehicle and other traffic laws of the state of Washington (Revised Code of Washington); and

(2) Chapter 504-19 of the Washington Administrative Code.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-040, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-040, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-050 Emergencies.

The president of the university delegates to the WSUV campus chancellor the authority to suspend, modify, or repeal any or all provisions in this chapter for an authorized WSU special event or in the event of an emergency, disaster, or other like contingency. Such action shall be limited in duration and scope to meet the institutional needs of WSUV and/or address the dangers of the contingency.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-050, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560, and chapter 34.05 RCW. WSR 01-19-028, § 504-19-050, filed 9/13/01, effective 10/14/01
WSR 96-15-050, § 504-19-050, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-080 Severability.

If any provision of this chapter, chapter 504-19 WAC, or its application to any individual or circumstance is held invalid, the remainder of the chapter or its application to other individuals or circumstances is unaffected.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-080, filed 7/10/24, effective 8/10/24. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-080, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-100 Definitions.

The definitions in this section are applicable within the context of this chapter.

(1) Access-control/gate card. A plastic card that provides access to a location, building, or parking area, and/or activates a gate or similar device controlling access to certain parking areas.

(2) Campus. Describes all property owned, leased, or controlled by WSUV which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of WSUV.

(3) Day. Unless otherwise specified, the term "day" refers to a calendar day.

(4) Disability zone. A parking zone designated for exclusive use by individuals with disability and identified with a sign bearing the associated international symbol.

(5) Electric-assisted bicycle. As defined under RCW 46.04.169.

(6) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.

(7) Illegal use of permit. A parking violation in which a parking ticket is issued under the following circumstances:

(a) Use of a parking permit or indicator on a vehicle other than the specified vehicle identified by a license number on the permit.

(b) Use of a counterfeit parking permit or indicator.

(d) Use of a modified parking permit or indicator.

(e) Use and/or retention of a parking permit or indicator by individual(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.

(8) Impound. To take and hold a vehicle in legal custody, either by use of a vehicle immobilization device or towing.

(9) Indicator. A vinyl, plastic, or paper instrument displayed adjacent to a parking permit which defines the parking areas available to a permit holder.

(10) Loading zone. A loading dock or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.

(11) Moped. As defined under RCW 46.04.304.

(12) Motorcycle. As defined under RCW 46.04.330.

(13) Motorized foot scooter. As defined under RCW 46.04.336.

(14) Motor vehicle. As defined under RCW 46.04.320. Also referred to as "vehicle" in this chapter.

(15) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow or red.

(16) Officer. Any parking or police official employed by the university who is designated by the parking administrator or police department head to issue parking tickets, to place or remove vehicle immobilization devices, or to cause vehicles to be towed under this chapter.

(17) Owner. The person registered with any state as the present owner of a vehicle in the most current registration record available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator or police department head has received actual written notice of the transfer.

(18) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.

(19) Parking administrator. The manager in charge of parking services or designee.

(20) Parking appeals committee. Any individual(s) appointed to consider parking violations and the application of fees, fines, and sanctions. Said individuals are appointed by the vice chancellor whose responsibilities include supervision of parking services or designee.

(21) Parking meter. A single fixed device that typically requires payment and limits the amount of time a vehicle can park in a single space. Also referred to as "meter" in this chapter. A parking meter is not a parking payment device.

(22) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on campus. A parking payment device is not a parking meter.

(23) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by parking services that is displayed from a vehicle and authorizes parking in specified areas. Some parking permits may be purchased online and may be virtual in nature, as defined in subsection (44) of this section; and identified by other means, such as by license plate. Also referred to as "permit" in this chapter.

(24) Parking services. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities and enforcing the parking regulations for the WSUV campus.

(25) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.

(26) Pay parking facility. A location where parking is provided and payment is made on-site via a parking payment device, cashier, or other means other than a parking meter.

(27) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances.

(28) Individuals with disability. For the purposes of this chapter, individuals with disabilities shall refer to an individual or individuals with a disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.

(29) Service vehicle. A vehicle used to provide a service for WSUV or a tenant or contractor of WSUV (e.g., a university-owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).

(30) Service zone. Parking spaces or area designated for the use of service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones on an occasional basis for a maximum of 15 minutes, except for vehicles that display a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.

(31) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university, and the nonstudent employees of other entities located on or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university or other entities located on or regularly doing business on campus are not "staff." They are considered as students for the purpose of these rules.

(32) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.

(33) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.

(34) Student. The term "student" includes all individuals who are not staff, who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more classes.

(35) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session and ending on the last day of the latest session.

(36) University. Refers to Washington State University Vancouver.

(37) University holiday. A day regarded by the university as an official university holiday.

(38) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.

(39) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of WSUV typically are open during this time.

(40) Vehicle immobilization device. A device used to temporarily immobilize a motor vehicle. Immobilized vehicles are considered to be impounded in place and subject to storage fees. A vehicle immobilization device may also be referred to as a wheel lock device.

(41) Vehicle immobilization-eligible list. The current list of vehicle immobilization-eligible vehicles as maintained by parking services. A vehicle remains on the vehicle immobilization-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(42) Vehicle immobilization-eligible vehicle. Any vehicle on which three or more parking tickets more than 30 days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains vehicle immobilization-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(43) Vehicle storage. Vehicle storage means the parking or leaving of any vehicle for a period of more than 24 consecutive hours.

(44) Virtual permit. A virtual permit is authorization given at the time of vehicle registration with parking services, allowing the registered vehicle to park in a designated lot, zone, or space. The virtual permit is associated to the vehicle license plate number and is used to identify the parking authorization.

(45) Visitors. Individuals who are not staff or students and who only visit the campus on an occasional basis.

(46) WSUV. Refers to Washington State University Vancouver.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-100, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-100, filed 11/1/18, effective 12/2/18
WSR 08-08-049, § 504-19-100, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-100, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-200 Enforcement authority.

WSUV public safety and parking services are charged with the impartial enforcement of these regulations. Officers of these departments have authority to issue parking tickets, to impound vehicles, and to control access to areas.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-200, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-200, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-200, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-210 Times of enforcement.

Parking regulations are subject to enforcement at all times.

(1) Parking permit areas. All parking permit areas are limited to authorized permit holders during specific hours. These hours are posted in each parking area at the entrance to parking areas or along roadways where parking is marked.

(2) Restricted spaces. These spaces are restricted for their designated purpose at all times unless signed otherwise:

(a) Disability zones.

(b) Load/unload.

(d) Reserved.

(e) Reserved (bagged) parking meters.

(f) Pedestrian mall.

(g) Areas which are specially signed or physically set apart by barricades, traffic cones, tape, or other traffic devices.

(3) Parking metered spaces. Parking meters are in effect during the times posted on each meter. During these times the meter must be paid the posted amount. Additional time cannot be purchased beyond the meter's posted maximum time limit (e.g., a 30-minute meter will allow a maximum of 30 minutes to be purchased at one time). A motor vehicle which is parked at an expired meter is considered in violation initially, and after each period equal to the maximum time posted for the meter. In such case, a parking ticket may be issued for each violation. For example, a vehicle parked at a meter with a two-hour maximum time limit for six hours and five minutes of continuous unpaid parking at the same meter would be eligible for up to three parking tickets.

(4) Pay parking facilities. Some parking areas provide parking on an hourly basis. Hours of operation and a schedule of fees are posted at the facility entrance and at the point of payment. Parking tickets are issued to vehicles that are parked over the duration of time that was paid for and for nonpayment. Parking areas with parking meters are not considered pay parking facilities.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-210, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-210, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-210, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-220 Signed and marked areas.

(3) Standing (the stopping of a vehicle with the driver remaining in it) is permitted in marked parking spaces, except metered spaces and restricted spaces, even though the vehicle does not have a valid parking permit. Double parking while "standing" is not permitted.

(4) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.

(5) Permit areas and restricted spaces are not always signed individually.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-220, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-220, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-250 Motorcycles and mopeds.

(2) The university classifies mopeds and motorcycles in accordance with the definitions established by the state of Washington for licensing purposes. See RCW 46.04.304 and 46.04.330.

(3) Motorcycles and mopeds may park only in spaces which are marked by signs or the letter "M" painted on the parking surface. Motorcycles and mopeds parking in such designated areas must display a valid WSUV motorcycle permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only. To park a motorcycle or moped in nonmotorcycle parking spaces, a full-price vehicle permit must be displayed in an approved motorcycle permit holder. Approved motorcycle permit holders may be signed out from parking services at the time of permit purchase. Issued permit holders must be returned to parking services within two weeks of the permit's expiration date or an administrative service fee is charged to the permit user's account.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-250, filed 7/10/24, effective 8/10/24
WSR 12-11-024, § 504-19-250, filed 5/8/12, effective 6/8/12
WSR 08-08-049, § 504-19-250, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-250, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-300 Financial responsibility for parking tickets.

(1) Each registered parking permit holder shall be financially responsible for parking tickets on vehicles:

(a) Registered with parking services; and/or

(b) Displaying the registered parking permit holder's permit.

(2) Owners of vehicles are held ultimately financially responsible for parking tickets issued to their vehicles.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-300, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-300, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-300, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-350 Use of areas for emergency, maintenance, events, or construction.

(1) WSUV reserves the right to close any campus parking area at any time it is deemed necessary for maintenance, safety, events, construction, emergencies, or to meet special needs. Parking services provides notice to users when possible.

(2) WSUV public safety or parking services may authorize the towing of vehicles parked in areas that are designated to be used for emergencies, special needs, maintenance, events, or construction. Towing is at the owner's expense.

(3) Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-350, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-350, filed 11/1/18, effective 12/2/18
WSR 08-08-049, § 504-19-350, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-350, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-360 Liability.

The university assumes no responsibility for the care and protection of any vehicle or its contents at any time the vehicle is on university property.

History

Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-360, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-370 Vehicle storage.

The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by parking services.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-370, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-370, filed 11/1/18, effective 12/2/18.

Wash. Admin. Code § 504-19-410 Issuance, use, and term of parking permits.

Parking permits are available at various campus locations upon application and payment of the appropriate fees. The applicant may receive a parking permit and/or indicator which specifies parking area(s) where the vehicle may be parked. Permits are valid up to and including the expiration date on the permit.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-410, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-410, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-420 Withholding of fines and fees.

All parking permit applications shall provide that the university may withhold unpaid fines and fees, when permitted by law, from any sums owed the permit holder and to treat the same as a debt.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-420, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-420, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-440 Transfer of parking permit.

A parking permit is not transferable.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-440, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-440, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-450 Replacement parking permits and indicators.

(1) Sold or traded vehicles. Failure to advise parking services of a sale or trade for registration purposes may result in continued responsibility to the permit holder for parking tickets received on that vehicle.

The permit holder has responsibility for removing parking permits prior to selling or trading a vehicle. The identifiable remnants of the original permit must be presented to parking services to receive a free replacement. Individuals failing to comply with this requirement shall pay the cost of a new permit.

(2) Lost/stolen permits. Permit holders are responsible for the security of their permits. The theft or loss of a parking permit should be reported to parking services immediately upon discovery. A lost or stolen permit may be replaced upon payment to parking services of the cost of replacing the permit, according to a schedule adopted by parking services. Lost or stolen permits must be returned to parking services immediately if recovered.

(3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee is waived if proof of windshield replacement is presented.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-450, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-450, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-450, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-460 False information.

No person shall obtain, attempt to obtain, or use in a manner contrary to these regulations, a modified parking permit or a permit issued upon false information. A violation of this section includes giving a false name, address, identification number, and/or other information known to be false. It also includes the use of a visitor, conference, and commercial permit by staff or students. Violation of this provision shall constitute the illegal use of a parking permit and is subject to the issuance of parking tickets.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-069, § 504-19-460, filed 5/14/09, effective 7/1/09
WSR 08-08-049, § 504-19-460, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-460, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-470 Recall of parking permits.

Parking permits are the property of WSUV and may be recalled by the parking administrator when:

(1) The purpose for which the permit was issued changes or no longer exists;

(2) A permit is used on an unauthorized vehicle or by an unauthorized person;

(3) A parking permit application is falsified;

(4) A counterfeit, modified, or lost/stolen permit is used; or

(5) The parking permit fee is unpaid.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-470, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-470, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-510 Parking permits—General.

Parking services issues parking permits for designated areas of the campus. Any vehicle parked on the campus, other than a pay area or metered space, must clearly display a valid WSUV parking permit in accordance with this chapter during the posted hours and in locations when and where permits are required. University staff and students may not use any other permit in lieu of a valid university parking permit.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-510, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-510, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-510, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-520 Parking permits—Form and display.

(1) Autos and trucks:

(a) Daily permits must be displayed as instructed on the permit.

(b) Annual and semester permits must be displayed on the left side (driver's side) of the windshield. Permits must be mounted completely by means of their own design. No additional substances may be used to adhere the permit to the windshield unless approved by parking services.

(2) Motorcycles and mopeds. Motorcycle and moped permits must be mounted completely by means of their own adhesive and prominently displayed on the left rear side of the vehicle or on top of the rear tail light.

(3) Virtual permits. Certain parking permissions do not require that a permit be displayed. In those instances, the virtual permit is associated with the vehicle license plate registered.

(a) Vehicles must be parked so that the license plate is visible from the driving aisle.

(b) No covers may be placed over the license plate that would inhibit the reflectivity of the plate.

(c) The alphanumeric characters of the license plate must be visible and unobstructed by license plate frames and/or other accessories.

(d) Individuals with virtual permits must ensure their current vehicle is registered and associated with their virtual permit through parking services.

(e) Multiple registered vehicles may be associated on the same virtual permit. In this case, no more than one registered motor vehicle using the virtual permit may be parked on campus at a time.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-520, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-520, filed 11/1/18, effective 12/2/18
WSR 12-11-024, § 504-19-520, filed 5/8/12, effective 6/8/12
WSR 08-08-049, § 504-19-520, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-520, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-540 Zone parking permits—Availability and use.

The management and assignment of parking zones is designed to provide a parking space to permit holders. However, uncontrolled access to parking areas and unexpected parking demand make it impossible to guarantee a parking space in the permit holder's assigned zone. Staff and students are generally assigned to specific parking areas referred to as zones. Parking zones are color-coded with respect to their price and numbered with respect to the specific parking zone assignment of each permit holder. Permit holders may park in their assigned zone as reflected by the combination of color and number on their permit and corresponding sign, or they may park in other zones as described below.

(1) Orange permits. Orange permit holders may park in any orange zone, or in any green, red, or gray zone.

(2) Green permits. Green permit holders may park in any green zone, or in any red or gray zone.

(3) Red permits. Red permit holders may park in any red zone, or in any gray zone.

(4) Gray permits. Gray permit holders may park in any gray zone.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-540, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-540, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-540, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-560 Other parking permits—Availability and use.

(1) Visitor permits. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other person constitutes illegal use of a parking permit. Visitor permits are valid in any zone and parking spaces signed for visitors only. Visitor permits are not valid at meters or restricted spaces.

(3) Golden cougar permits. Golden cougar permits are special permits that are issued to retired staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone that is designated and approved by parking services. Staff who are employed by the university or other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit.

(4) President's associates decals. President's associates decals are issued to eligible members of the Washington State University foundation. Use of these decals for parking shall be in accordance with a separate agreement between WSU and the WSU foundation. However, WSU faculty, staff, and students may not use a president's associates decal or any other parking benefit instrument in lieu of a paid zone permit.

(5) Event/conference permits. Event/conference permits are available to visitors who participate in events or conferences held on the WSUV campus. They are available on a daily basis only. Event/conference permits are valid as marked on the issued permit.

(6) Motorcycle permits. Motorcycle permits are valid within boundaries of areas specifically posted or marked for motorcycle permits.

(7) Construction permits. A construction permit is issued to personnel who are working on a construction site on campus. Construction permits are assigned to a specific parking area.

(8) Carpool. Upon application to WSUV parking services, a bona fide carpool as defined by the campus policies and procedures is given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Carpool permits shared by more than one registered vehicle, virtual or otherwise, may not park more than one vehicle associated with the permit on campus at the same time. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

(9) Commercial permits. Commercial permits are issued to vendors, suppliers, and service representatives of outside companies performing a service for the university. Commercial permits are valid in zones and areas indicated on the permit.

(10) Departmental permits. Departmental parking permits are available for use by department employees who need to use their personal vehicles for university business. Departmental permits are available in different forms and are valid at parking meters, service zones, orange, green, red, and gray permit zones, and pay parking facilities. Departmental permits are not valid in reserved spaces. The use of departmental permits for anything other than official departmental business is prohibited by the State Ethics Act.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-560, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-560, filed 11/1/18, effective 12/2/18
WSR 12-11-024, § 504-19-560, filed 5/8/12, effective 6/8/12
WSR 09-11-069, § 504-19-560, filed 5/14/09, effective 7/1/09
WSR 08-08-049, § 504-19-560, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-560, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-580 Special virtual designation, indicator decals, and hangers.

Special virtual designation, indicator decals, or hangers may be issued to staff and student permit holders who have otherwise valid parking permits in the following cases:

(1) A "service virtual designation, indicator decal, or hanger" is valid typically for a maximum of 30 minutes in a marked service zone. A "mall service" virtual designation or indicator is valid typically for a maximum of 30-minute parking in the pedestrian mall. If the virtual designation or indicator is needed for longer than 30 minutes, the issued permit is subject to the current daily rate for parking on the WSUV campus unless a parking permit valid for that time period is already present in the vehicle.

(2) Reserved parking virtual designation, indicator decals, and hangers which are valid in parking spaces that are signed for the corresponding permit and designation or indicator.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-580, filed 7/10/24, effective 8/10/24
WSR 12-11-024, § 504-19-580, filed 5/8/12, effective 6/8/12
WSR 08-08-049, § 504-19-580, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-580, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-600 Parking for individuals with disabilities.

(1) The provisions of this chapter cover disability parking and the payment of fees and fines associated with parking for individuals with disabilities.

(2) For the purpose of this chapter, individuals with disabilities shall refer to individuals with disabilities who qualify for a state-issued individual with disabilities parking identification and permit as provided in chapter 308-96B WAC. Use of disability accommodation parking at WSUV also requires payment for parking in the form of a WSUV parking permit or receipt of payment.

(3) The university uses the state individual with disabilities parking permit system to determine eligibility for disability parking.

(4) Unless otherwise authorized, parking in spaces designated for individuals with disabilities requires a state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment to park on campus. University semester and annual parking permits for individuals with disabilities are available at the gray zone rate. Daily and temporary parking permits are available at the regular rates.

(5) Individuals with a state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment may park in parking spaces designated for individuals with disabilities and any other, nonrestricted permit space within a parking permit zone.

(6) Individuals with a state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment may not park in restricted spaces with the exception of individuals with disabilities parking spaces.

(7) Unless otherwise posted, any university parking permit to include a state-issued disability parking placard or license plate is not valid in lieu of payment of regular posted fees in pay parking lots and facilities.

(8) A state-issued individuals with disabilities license plate, placard, or permit is valid in parking zones during times when a university permit is not required.

(9) The university intends to retain control of access to the pedestrian malls on campus. For that reason a state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment is required as authorization to use a pedestrian mall to access marked individuals with disabilities parking spaces within the confines of a pedestrian mall.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-600, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-600, filed 11/1/18, effective 12/2/18
WSR 12-11-024, § 504-19-600, filed 5/8/12, effective 6/8/12
WSR 08-08-049, § 504-19-600, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-600, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-650 Parking fees and fines.

(1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, parking meter rates, prorate and refund schedules, and the effective date thereof are submitted to the president or designee and to the board of regents for approval by motion, provided however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or designee to approve all such fees and fines. The schedules described above for all parking fees and fines are thereafter posted in the public area of parking services office and posted on parking service's website.

(2) Before purchasing a permit, the balance of any fees and fines owed to parking services must be paid in full.

(3) Payments. Parking fees and fines may be paid at parking services by cash, check, approved payment card, or money order, and online through the WSUV parking services payment portal website. A payroll deduction plan is available for eligible university employees and eligible graduate students.

(4) The annual fee for any shorter period relative to all permits shall be prorated according to the published schedule.

(5) The proper fee must be paid for all vehicles parked in parking meter spaces unless otherwise authorized.

(6) Staff members whose work schedules qualify them for nighttime differential pay may purchase a permit for one-half the regular fee. Verification is required.

(7) Refunds. Annual permits being relinquished may be returned to parking services for a pro rata refund (if any is available) in accordance with university policy. Identifiable remnants of the permit must be returned. In the case of annual virtual permits, the permit purchaser must notify parking services in person or in writing that they want to relinquish the permit permissions for a pro rata refund (if any is available) in accordance with university policy. The balance of any fees and fines owed parking services is deducted from any refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.

(8) Parking services makes a wide array of options available in advance to university departments for use by their visitors, guests, and employees for the purpose of conducting departmental business. However, when necessary, university departments that can establish in writing that a parking ticket issued by parking services was received as a result of parking any vehicle for the purpose of conducting official state business, or while conducting official business with the university or an entity located at the university are assessed a parking fee assessment (PFA) in lieu of the parking fine. Such requests for PFAs are signed by a department fiscal custodian. A PFA consists of the maximum daily parking fee plus an additional administrative fee for failing to purchase and provide the necessary parking permit or fee in advance or at the time of parking. University departments are encouraged to avoid additional administrative fees associated with PFAs by purchasing and storing prepaid parking permits and by making them available as the department deems necessary. Nothing in this rule allows a university employee to receive, or attempt to receive, any benefit associated with their personal expenses in violation of the State Ethics Act. All questionable employee conduct regarding the application of this section is reported to, and investigated by, the university internal auditor. This section applies only to parking tickets issued pursuant to this chapter.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-650, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-650, filed 11/1/18, effective 12/2/18
WSR 12-11-024, § 504-19-650, filed 5/8/12, effective 6/8/12
WSR 08-08-049, § 504-19-650, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-650, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-750 Reciprocal parking agreements.

(2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the WSUV campus or employees of other entities located on the WSUV campus must display a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid university WSUV campus permit may result in a fine for illegal use of a parking permit.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-750, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-19-810 Violations, fines, and sanctions.

(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at parking services or at other authorized locations. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking services office and on parking service's website.

(2) Reduction of fines.

(b) Visitors. The first violation of notices for "no parking permit" and "no parking permit for this area" issued to a visitor is considered a warning notice upon presentation to parking services.

(c) If a permit holder of record neglects to display their permit and receives a notice of violation for "no parking permit," a reduced fine is assessed when possession of a valid parking permit for the location is verified by parking services within 24 hours.

(d) Internal policies regarding disposition of parking tickets may be established on approval of the vice chancellor or designee whose responsibilities include supervision of parking services under the advisement of the university's internal auditor.

(3) Inoperable vehicles. It is the owner's responsibility to immediately contact parking services in the event that the owner's vehicle becomes inoperable when the vehicle is present on campus.

(4) Payment of parking fines:

(a) All parking fines are due upon issuance of a parking ticket. Thirty days after date of issuance of a parking ticket, a late fee shall be added to all unpaid parking fines. For example, a parking ticket issued on May 1st would be assessed a late fee on May 31st. Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office for collection. The controller (or designee) may, if other collection efforts fail, withhold the amount of the outstanding fines and fees from deposits or other funds held for any student to secure payment.

When collection efforts are unsuccessful, the controller (or designee) may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing or use of the vehicle immobilization device described in these regulations. Nor are the procedures discussed above a precondition to towing or use of vehicle immobilization.

(b) Account balances not paid to the university voluntarily may be forwarded to an external collections agency and are subject to additional collection fees of up to 50 percent, attorney's fees, and court costs when necessary.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-810, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-810, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.125. WSR 03-15-062, § 504-19-810, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-810, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-860 Appeal procedure.

The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided for or appealed as provided in this chapter.

(1) Purpose. The parking appeals process serves the following functions:

(a) To hear parking ticket appeals;

(b) To hear appeals of vehicle immobilization-eligible determinations; and

(2) Procedure. Any individual who has received a parking ticket may appeal the alleged parking violation. Appeal of vehicle immobilization-eligible determinations and impoundments are described in WAC 504-19-865 and 504-19-870.

(3) Written parking ticket appeals. The appeal must be in writing and received at parking services within 10 calendar days of issuance of the parking ticket. Forms for this purpose are available from parking services. The parking appeals committee makes an initial decision regarding the appeal within 20 calendar days during the academic year and 30 calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason for its decision to the appellant within 10 calendar days of the decision.

(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, they may request a hearing before a hearing officer or the parking appeals committee. Such a request must be made within 10 calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision shall be final. During the hearing the appellant and representatives of parking services may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and provide the appellant with the decision within 10 calendar days after the hearing.

(5) Appeal to district court. RCW 28B.10.560 provides that an individual who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court shall be in writing and must be filed at parking services within 10 calendar days after the date of the review hearing. Parking services forwards the documents relating to the appeal to the district court.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-860, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-860, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-860, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-865 General.

(1) Pursuant to the provisions of this chapter, an officer shall cause a vehicle to be immobilized, or towed, or both, if:

(a) The vehicle is on the vehicle immobilization-eligible list; or

(b) The vehicle displays a lost, stolen, or counterfeit parking permit.

(2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:

(a) Has been immobilized by a vehicle immobilization device for more than 24 hours; or

(b) Is illegally parked in a marked tow-away zone; or

(c) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or

(d) Cannot be immobilized with a vehicle immobilization device; or

(e) Is illegally parked in a disability space; or

(f) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or

(g) Is otherwise illegally parked on the executive authority of parking services or the university police department.

(3) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.

(4) Any vehicle immobilized by use of a vehicle immobilization device in excess of 24 hours is assessed a storage fee for each calendar day or portion thereof, beyond the first 24 hours of being immobilized.

(5) The university assumes no responsibility in the event of damages resulting from towing, use of wheel lock devices, storage, or attempts to move a vehicle with a vehicle immobilization device installed.

(6) No vehicle impounded by towing or vehicle immobilization devices shall be released until the following fines are paid in cash or with an approved payment card:

(a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the owner;

(b) A vehicle immobilization fee; and

(7) An individual wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-19-860. However, to secure release of the vehicle, such individual must pay the amount of such fines or fees as a bond which shall be refunded to the extent the appeal is successful.

(8) An accumulation of six unpaid violations during any 12-month period, exclusive of overtime at parking meter violations, and overtime in time zone violations, subjects the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-865, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-865, filed 11/1/18, effective 12/2/18
WSR 08-08-049, § 504-19-865, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-19-870 Vehicle immobilization-eligible list.

(1) The parking administrator shall be responsible for creating and maintaining the vehicle immobilization-eligible list. See definition of "vehicle immobilization-eligible vehicle."

(2) A vehicle immobilization-eligible vehicle shall be placed on the vehicle immobilization-eligible list after notice has been issued as provided in subsection (3) of this section and an appeal of the vehicle immobilization-eligible determination, if requested, under subsection (4) of this section.

(3) At least 10 days prior to placing a vehicle on the vehicle immobilization-eligible list, the parking administrator shall mail a notice to the owner. The parking administrator mails the notice to the address stated on the most current registration records available to the university from a state, or any more current address of which the parking administrator or chief of police has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice shall set forth:

(a) The make and license plate number of the alleged vehicle immobilization-eligible vehicle.

(b) A specified date on which the vehicle immobilization-eligible vehicle is subject to placement on the vehicle immobilization-eligible list.

(c) A list of the three or more alleged unpaid parking tickets, including the parking ticket number, date, time, place of the violation, and the nature of the violation. This list shall include all unpaid parking tickets issued to a particular vehicle to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(e) The name, mailing address (and street address if different), and telephone number of parking services that may be contacted to appeal the vehicle immobilization-eligible determination. Such an appeal only considers whether an individual vehicle was properly placed on the vehicle immobilization-eligible list and not the merits of an individual parking ticket, which may be addressed pursuant to a separate appeals process described in WAC 504-19-860.

(f) That the vehicle is subject to vehicle immobilization, towing, or both once it is placed on the vehicle immobilization-eligible list.

(g) That all late fees, vehicle immobilization fees, towing, and storage fees shall be payable in full to obtain the release of a vehicle immobilized or towed pursuant to this chapter in addition to payment of any and all unpaid parking tickets on this vehicle or other vehicles owned by the registered owner to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

(4) If a request for an appeal of a vehicle immobilization-eligible determination is received by the parking administrator before the specified date in the notice for placement of the vehicle on the vehicle immobilization-eligible list, then the parking administrator shall afford the owner an opportunity to appeal the vehicle immobilization-eligible determination prior to the placing of a vehicle on the vehicle immobilization-eligible list. Although the parking administrator shall not have the authority to adjudicate the merits of any parking ticket, they shall, however, receive evidence and other input from the owner appealing the vehicle immobilization-eligible determination that the notice given under subsection (3) of this section was erroneous or based on erroneous information.

(5) If an owner timely participates in the appeal as scheduled by the parking administrator, they shall furnish the owner written notice of their decision prior to placing the vehicle on the vehicle immobilization-eligible list.

(6) After the specified date provided in the notice issued under subsection (3) of this section, the parking administrator shall review the records to ensure that the alleged unpaid parking tickets have not been paid or otherwise resolved, and that no information has been received indicating that the notice was erroneous.

(7) Once a vehicle has been placed on the vehicle immobilization-eligible list, it shall not be removed from the list unless and until:

(b) The parking administrator receives reliable information that title to the vehicle has been transferred; or

(c) The parking administrator determines that the placement of the vehicle on the vehicle immobilization-eligible list was erroneous.

(8) If a vehicle is not properly registered in any state or no registration information is available to the university and the vehicle is vehicle immobilization-eligible, then notice shall be provided by posting on the vehicle a conspicuous notice, which shall set forth:

(a) A description of the alleged vehicle immobilization-eligible vehicle;

(b) A specified date on which the vehicle immobilization-eligible vehicle is subject to placement on the vehicle immobilization-eligible list;

(d) That the vehicle is subject to vehicle immobilization, towing or both once it is placed on the vehicle immobilization-eligible list.

(9) An officer shall attempt to immobilize any vehicle which appears on the vehicle immobilization-eligible list when parked, lawfully or unlawfully, on campus.

(10) The parking administrator or the senior police administrator shall ensure that officers are on duty to remove vehicle immobilization devices from vehicles Monday through Friday between 8:00 a.m. and 5:00 p.m., except during recognized holidays.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-870, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-870, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-19-880 Fees, fines, and release of an impounded vehicle.

The owner of an impounded vehicle may not secure the release of the stored vehicle until payment in full of fines and fees has been made on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees relating to the vehicle which were issued while the vehicle was owned by the individual who owned the vehicle at the time it is immobilized or towed hereunder, and the owner has paid in full the vehicle immobilization fee, unpaid parking tickets, late fees, storage fees, and towing fees for any and all other vehicles owned by the registered owner.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-880, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-880, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-19-885 Theft, damage, or removal of a vehicle immobilization device.

The following conduct of any individual shall be reported to parking services and university police:

(1) Causing physical damage to a vehicle immobilization device;

(2) Removing, or attempting to remove, a vehicle immobilization device; or

(3) Taking or stealing a vehicle immobilization device.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-885, filed 7/10/24, effective 8/10/24
WSR 08-08-049, § 504-19-885, filed 3/27/08, effective 7/1/08.

Wash. Admin. Code § 504-19-900 Speed limits.

History

Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-900, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-920 Closed and restricted areas.

In certain designated areas on campus, such as the pedestrian mall in the campus core, driving is restricted to mall service vehicles.

History

Statutory Authority: RCW 28B.30.150. WSR 08-08-049, § 504-19-920, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-920, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-930 Bicycles, skateboards, scooters, and roller blades/skates.

(1) The riding and use of bicycles, skateboards, scooters, and roller blades/skates is prohibited from all building plazas, interior building spaces, stairways, steps, ledges, benches, planting areas, any other fixtures, and in any other posted area.

(2) Bicycles, skateboards, scooters, and roller blades/skates may be ridden and used on sidewalks when a bike path is not provided. Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of bicycles, skateboards, scooters, and roller blades/skates on any part of campus is prohibited.

(3) Electric-assisted bicycles must be used in human propulsion only mode on pedestrian malls and sidewalks.

(4) Motorized foot scooters must be used in a human propulsion only mode on sidewalks.

(5) Bicyclists must obey all traffic rules of the road when operating a bicycle in roadways.

(6) Bicycles may be secured only at bicycle racks and facilities designed for such purpose.

(7) Bicycles that are not secured at university-provided bicycle racks or bicycle storage facilities may be impounded at the owner's expense.

(8) Abandoned and inoperable bicycles. Internal policies regarding abandoned and inoperable bicycles, including the impoundment of bicycles at the WSUV campus, may be established upon approval by the vice chancellor or designee whose responsibilities include supervision of parking services.

History

Statutory Authority: RCW 28B.30.150. WSR 24-15-027, § 504-19-930, filed 7/10/24, effective 8/10/24
WSR 18-22-065, § 504-19-930, filed 11/1/18, effective 12/2/18
WSR 09-11-069, § 504-19-930, filed 5/14/09, effective 7/1/09
WSR 08-08-049, § 504-19-930, filed 3/27/08, effective 7/1/08. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-930, filed 7/15/96, effective 8/15/96.

Wash. Admin. Code § 504-19-940 Pedestrians.

(1) When traffic control signals are in place at intersections, pedestrians shall be subject to them.

(3) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(4) Pedestrians who are between adjacent intersections at which traffic control signals are in operation must not cross at any place except in a marked crosswalk.

History

Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. WSR 96-15-050, § 504-19-940, filed 7/15/96, effective 8/15/96.

Chapter 504-21 University policy on student education records.

Wash. Admin. Code § 504-21-010 University policy on student education records.

Public Law 93-380, the Family Educational Rights and Privacy Act of 1974, requires that the university adopt guidelines concerning the right of a student to inspect his or her education records, and guidelines concerning the release of personally identifiable information to third parties. The act further provides that such a student has the right to a hearing in order to provide for the correction or deletion of inaccurate, misleading or otherwise inappropriate data. The act also provides that students be informed of the types of education records maintained by the university that are directly related to students.

Consistent with that act, this policy on student education records is established to insure that information contained in such records is treated in a responsible manner with due regard to the personal nature of the information.

History

Order 77-1, § 504-21-010, filed 5/2/77.

Wash. Admin. Code § 504-21-020 Definition of a student.

A student is defined as any person who is or has been officially enrolled at Washington State University and with respect to whom the university maintains education records or personally identifiable information.

History

Order 77-1, § 504-21-020, filed 5/2/77.

Wash. Admin. Code § 504-21-030 Education records—Student's right to inspect.

(1) A student has the right to inspect and review his or her education records. A list of the types of education records maintained by the university and the record locations may be obtained by the student at the registrar's office.

(a) For purposes of this chapter the term "education records" means those records, files, documents and other materials which contain information directly related to a student.

(b) The term "education records" does not include:

(i) Records of instructional, supervisory and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute or the maker's administrator.

(ii) Records of the university police department which are maintained by the law enforcement unit of WSU that were created by the WSU law enforcement unit for the purposes of law enforcement.

(iii) Records made and maintained in the normal course of business which relate exclusively to the person's capacity as an employee and are not available for any other purposes. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under this paragraph.

(iv) Records on a student which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional, acting in a professional or paraprofessional capacity, or assisting in that capacity and which are created, maintained or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment. Such records can be personally reviewed by a physician or other appropriate professional of the student's choice. In addition, health care information may be disclosed if authorized by state law.

(v) Records that contain information about an individual after he or she is no longer a student at that agency or institution.

(2) Recommendations, evaluations or comments concerning a student that are provided in confidence, either expressed or implied, as between the author and the recipient, shall be made available to the student, except as provided in this subsection.

(a) The student may specifically release his or her right to review where the information consists only of confidential letters and recommendations respecting:

(i) Admission to any educational institution, or

(ii) Employment application information and documents filed and maintained at the student's request at the career services office.

(iii) Receipt of an honor or honorary recognition.

(iv) Faculty evaluations and other education records placed in departmental files where the department serves in a placement or referral capacity.

(b) A student's waiver of his or her right of access to confidential statements is valid only if:

(i) The student, upon request, shall be notified of the names of all persons making confidential statements concerning him; and

(ii) Confidential statements shall be used solely for the purpose for which they were originally intended; and

(iii) Such waivers are not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the university.

(iv) The waiver is made in writing and signed by the student, regardless of age.

(c) Recommendations, evaluations or comments concerning a student that have been provided in confidence, either expressed or implied, as between the author and the recipient, prior to January 1, 1975, shall not be subject to release to the student. Such records shall remain confidential and shall be released only with the consent of the author of the specific document. Such records shall be used by the institution only for the purpose for which they were originally intended.

(3) Where requested records or data include information on more than one student, the student shall be entitled to receive or be informed of only that part of the record or data that pertains to the requesting student.

(4) Students have the right to obtain copies of their education records. Charges for the copies shall not exceed the cost normally charged by a Washington State University copy center (except in cases where charges have previously been approved for certain specified services, such as transcripts and grade sheets).

(5) The registrar is the official custodian of academic records and therefore is the only official who may issue a transcript of the student's official academic record.

(6) Student education records may be destroyed in accordance with a department's routine retention schedule where the departmental procedure has been approved by the university records officer. In no case will any record which is requested by a student for review in accordance with these regulations be removed or destroyed prior to final disposition of the record request.

History

Statutory Authority: RCW 28B.30.150. WSR 09-04-060, § 504-21-030, filed 2/2/09, effective 3/5/09. Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. WSR 95-07-043, § 504-21-030, filed 3/8/95, effective 4/8/95
Order 77-1, § 504-21-030, filed 5/2/77.

Wash. Admin. Code § 504-21-040 Requests and appeal procedures.

(1) A request by a student for review of information or a request for amendment shall be made in writing to the university employee or office having custody of the particular record. A request for amendment may be appropriate if the student believes the records contain information that is inaccurate, misleading, or in violation of his/her rights to privacy. Neither the student records officer nor the registration and records committee shall review any matter regarding the appropriateness of official academic grades. (University academic regulations 104, "academic complaint procedures," and 105, "administrative changes to final grades," should be followed in all cases involving grading disputes.)

(2) The person or office receiving a proper request for review or amendment of information must respond to the request within a reasonable period of time, but in cases where a student requests review, no more than forty-five days after the request has been made.

(3)(a) A student who believes his or her request has not been properly answered by a particular person or office should consult the appropriate dean or director having supervisory responsibility for the office.

(b) If a student remains dissatisfied after consulting with the appropriate dean or director, the student may then appeal to the student records officer, who will review the appeal and may refer it to the university registration and records committee. All cases involving requests for amendment will be referred to the registration and records committee for hearing. In either case, the decision shall be rendered within a reasonable period of time. The decision shall be final, except as provided in WAC 504-21-080.

(c) Appeals must be filed with the student records officer within ninety days from the date of the initial request to the custodian of the record.

(d) Eligible students are hereby notified of their right to file a complaint with the Department of Education concerning any alleged failure of Washington State University to comply with the Family Educational Rights and Privacy Act of 1974, as amended.

History

Statutory Authority: RCW 28B.30.150. WSR 09-04-060, § 504-21-040, filed 2/2/09, effective 3/5/09. Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. WSR 95-07-043, § 504-21-040, filed 3/8/95, effective 4/8/95
Order 77-1, § 504-21-040, filed 5/2/77.

Wash. Admin. Code § 504-21-050 Release of personally identifiable records.

(1) The university shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," (as defined in subsection (5) of this section), without the written consent of the student to any party other than the following:

(a) School officials with a legitimate educational interest. A school official is a person employed by WSU in an administrative, supervisory, academic or research, or support staff position (including health staff and WSU police); a person or company with whom the university has contracted (such as an attorney, auditor, or collection agent); a person serving on the board of trustees; or a student serving on an official committee (such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks). A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her educational responsibilities.

(b) Federal and state officials requiring access to education records in connection with the audit and evaluation of a federally- or state-supported education program or in connection with the enforcement of federal or state legal requirements which relate to such programs. In such cases the information required shall be protected by the federal or state official in a manner which will not permit the personal identification of students and their parents to other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation or enforcement of legal requirements.

(c) Persons or organizations, other than parents or legal guardians, providing to the student financial aid, or determining financial aid decisions concerning eligibility, amount, condition, and enforcement of terms of said aid.

(d) Organizations conducting studies for or on behalf of the university for purposes of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purposes for which it was provided.

(e) Education records may be used for legitimate academic research; provided that

(i) The procedures utilized and the reported findings do not violate the student's confidence;

(ii) Students' names will not be included in the study or in any way linked with the data;

(iii) Case histories and case records are sufficiently disguised to prevent identification of the individuals involved; and

(iv) The student's written permission is obtained where individual identification occurs.

(f) Accrediting organizations in order to carry out their accrediting functions.

(g) Any person or entity designated by judicial order or lawfully issued subpoena, upon condition that a reasonable attempt has been made to notify the student of all such orders or subpoenas in advance of the compliance therewith unless the subpoena is issued for a law enforcement purpose or is issued by a federal grand jury and the court or other issuing agency has ordered that the existence of the subpoena not be disclosed. Any university employee or office receiving a subpoena or judicial order for education records should immediately notify the WSU division of the office of the attorney general.

(h) Parents or legal guardians of a student who have established that student's status as their dependent according to Internal Revenue Code.

(i) An alleged victim of any crime of violence or nonforcible sexual offense, as they are defined in Appendix A to 34 C.F.R. Part 99, shall be informed of the results of any disciplinary proceeding conducted by WSU against the alleged perpetrator of that crime with respect to that crime.

(j) To the office of the attorney general when disclosure is to comply with a judicial order or to provide legal advice.

(k) WSU may provide to parents or guardians of students under age twenty one information regarding violations of federal, state, or local laws or the university's conduct code where such violations concern the use or possession of alcohol or controlled substances and where WSU determines that those students have committed such violations.

(l) When either the student initiates legal action against WSU or when WSU initiates legal action against the student, WSU may disclose to the court any educational records of the student that are relevant to the legal action.

(m) Information may be disclosed in conformance with other exceptions to the prior written consent requirement of the Family Educational Rights and Privacy Act and implementing regulations found at 34 C.F.R. § 99. A copy of these regulations may be obtained from the Office of the Registrar.

(2) Where the consent of a student is obtained for the release of education records, it shall be in writing, signed and dated by the person giving such consent, and shall include:

(a) A specification of the records to be released,

(b) The reasons for such release, and

(c) The identity of the parties to whom such records will be released unless the nature of the activity is such that advance identification of recipients is not possible such as employment assistance provided by the university office of career services and placement, in which case an effort will be made to identify recipients of information as they become known.

(3) In cases where records are made available without student consent as permitted by subsection (1)(b), (c), (d), (e), (f), and (g) of this section (except in cases where the subpoena prohibits disclosure), subsection (1)(i) of this section and, when required by law, subsection (1)(m) of this section the university shall maintain a record which will indicate the parties which have requested or obtained access to a student's records maintained by the university and which will indicate the legitimate interest of the requesting party.

(4) Personally identifiable education records released to third parties, with or without student consent, shall be accompanied by a written statement indicating that the information cannot be subsequently released in a personally identifiable form to any other parties without obtaining consent of the student unless such disclosures are made pursuant to subsection (1)(g), (h), (j), (k), or (l) of this section or the information released is directory information as defined in subsection (5) of this section.

(5) The term "directory information" used in subsection (1) of this section is defined as student's name (including any former name), local and permanent addresses and telephone numbers, electronic mail address(es), major and minor fields of study, participation in officially recognized activities in sports, weight and height of members of athletic teams, dates of attendance, enrollment status (e.g., undergraduate or graduate; full-time or part-time), grade level, degrees, status as graduate assistant and assignment, certificates, and awards received including the president's honor roll, and the most recent previous educational institution attended by the student. Students may request that the university not release directory information by filing a request online or with the office of payroll services.

(6) Information from education records may be released to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other person(s).

History

Statutory Authority: RCW 28B.30.150. WSR 09-04-060, § 504-21-050, filed 2/2/09, effective 3/5/09
WSR 01-19-027, § 504-21-050, filed 9/13/01, effective 10/14/01. Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. WSR 95-07-043, § 504-21-050, filed 3/8/95, effective 4/8/95
Order 77-1, § 504-21-050, filed 5/2/77.

Wash. Admin. Code § 504-21-060 University records.

All university employees or offices who have custody of education records will develop procedures in accord with WAC 504-21-010 through 504-21-060. Any supplementary regulations found necessary by departments will be filed with the registration and records committee, which will be responsible for periodic review of policy and procedures.

No records shall be kept that reflect a student's political or ideological beliefs or associations.

History

Statutory Authority: RCW 28B.30.150. WSR 09-04-060, § 504-21-060, filed 2/2/09, effective 3/5/09. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 89-11-065 (Order 89-1, Resolution No. 3-31-89-16), § 504-21-060, filed 5/18/89, effective 7/1/89
Order 77-1, § 504-21-060, filed 5/2/77.

Wash. Admin. Code § 504-21-070 Student records officer.

The president's designee shall be responsible for reviewing unusual requests for information and for assisting in the interpretation of these rules. The designee shall also be responsible for hearing appeals as defined in WAC 504-21-040.

History

Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. WSR 95-07-043, § 504-21-070, filed 3/8/95, effective 4/8/95
Order 77-1, § 504-21-070, filed 5/2/77.

Wash. Admin. Code § 504-21-080 Right of student to register objections.

Any student who unsuccessfully requests an amendment pursuant to WAC 504-21-040 may submit a written objection regarding his or her education records to the provost, who shall review the appeal and take necessary action which may include reconsideration by the student records officer or inclusion of the written objection or summary thereof in such education records; provided, however, no student has any right to post objections to academic grades and have the same appear on the student's academic record.

History

Statutory Authority: RCW 28B.30.150. WSR 09-04-060, § 504-21-080, filed 2/2/09, effective 3/5/09. Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. WSR 95-07-043, § 504-21-080, filed 3/8/95, effective 4/8/95
Order 77-1, § 504-21-080, filed 5/2/77.

Wash. Admin. Code § 504-21-090 Notice of rights given under Family Educational Rights and Privacy Act of 1974.

In accordance with the requirements of the Family Education Rights and Privacy Act of 1974, the university will make its best efforts to notify all students of the rights under this act. Such notification shall be done through the Washington Administrative Code procedure, notices to the campus newspaper and radio and television services, and such other publications and media that the university deems appropriate.

History

Statutory Authority: RCW 28B.30.150 and 20 U.S.C. 1232g. WSR 95-07-043, § 504-21-090, filed 3/8/95, effective 4/8/95
Order 77-1, § 504-21-090, filed 5/2/77.

Chapter 504-24 Policies and regulations for student living groups.

Wash. Admin. Code § 504-24-020 Social policies and procedures.

(1) Security hours.

(a) Living groups are secured during the following hours: 11:00 p.m. - 6:30 a.m. daily.

(b) It is understood that a living group has the prerogative of maintaining additional security hours if decided by a vote of the living group. The living group's current security hours should be on file in the department of residence living.

(2) Guest rules.

(a) Guests must comply with the regulations of the living groups they are visiting.

(b) Keys or card keys will not be issued to guests.

(d) All guests must be escorted while in the building.

(e) Except for those persons authorized access by WAC 504-24-025, guests are defined as anyone not residing in the residence hall.

(3) Visitation.

Each living group is permitted to develop its own visitation schedule for its main lounge and lobbies. No visitation on living floors is permitted between hours of 2:00 a.m. and 6:30 a.m.

History

Statutory Authority: RCW 28B.30.150. WSR 06-23-158, § 504-24-020, filed 11/22/06, effective 12/23/06. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. WSR 87-12-013 (Order 87-1), § 504-24-020, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. WSR 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-24-020, filed 6/11/80
Order 77-2, § 504-24-020, filed 8/3/77
Order 73-6, § 504-24-020, filed 8/1/73
Order 4, § 504-24-020, filed 10/20/71
Order 3, § 504-24-020, filed 8/5/71.

Wash. Admin. Code § 504-24-025 University staff access to residence halls.

University administrators or designees, officers, agents, or employees whose duties include working with residence hall residents or programs, performing custodial, maintenance, or operations of residence halls, or performing safety, emergency, security, police, or fire protection services shall have access to residence halls at all times while in the performance of their assigned duties.

History

Statutory Authority: RCW 28B.30.150. WSR 06-23-158, § 504-24-025, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-24-030 Undergraduate housing requirement.

Housing requirements for single undergraduate students on residential campuses. To the extent that room is presently available, as determined by the university, all single undergraduate students under 20 years of age are required to live in a residence hall for the equivalent of one academic year.

(1) Exemptions. Exemptions are considered when a student demonstrates to the campus vice chancellor for student affairs or designee that:

(a) The student has attended an institution of higher education as a regularly enrolled student for at least two full-time semesters or three full-time quarters (excluding summer sessions) following high school graduation or equivalent;

(b) The student is living with immediate family in a family situation (i.e., parent(s); legal guardian(s); aunt or uncle; or grandparent(s)) within 40 miles of their respective campus;

(c) The student has secured a statement from a physician or psychologist stating that living in a residence hall would detrimentally affect the student's physical or mental health; or

(d) The student demonstrates that living in a residence hall would cause undue financial hardship or other extraordinary hardship.

(2) Process. Applications for permission to reside off campus are available from Washington State University. Applications are reviewed and a determination is made whether an exemption is granted. Persons applying for such exemption are informed of the decision in writing. Requests for reconsideration of the decision may be submitted to their respective campus vice chancellor for student affairs or designee. The vice chancellor or designee evaluates the appeal and approves or denies the appeal.

History

Statutory Authority: RCW 28B.30.150. WSR 24-10-029, § 504-24-030, filed 4/23/24, effective 5/24/24
WSR 23-07-069, § 504-24-030, filed 3/13/23, effective 4/13/23
WSR 20-23-059, § 504-24-030, filed 11/16/20, effective 12/17/20. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-07-044, § 504-24-030, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. WSR 87-12-013 (Order 87-1), § 504-24-030, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. WSR 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-24-030, filed 6/11/80
Order 77-2, § 504-24-030, filed 8/3/77
Order 73-7, § 504-24-030, filed 10/5/73
Order 73-6, § 504-24-030, filed 8/1/73
Order 4, § 504-24-030, filed 10/20/71
Order 3, § 504-24-030, filed 8/5/71.

Wash. Admin. Code § 504-24-035 Alcohol policies.

(1) The use of alcohol by living groups is restricted as stated in WAC 504-25-050, residence hall contracts, and as stated in other annual agreements between the university and living groups.

(2) Specific living groups within the university community may choose to employ local regulations more restrictive than those imposed by the state or the university.

History

Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-07-044, § 504-24-035, filed 3/8/95, effective 4/8/95.

Wash. Admin. Code § 504-24-040 Living group discipline jurisdiction.

(1) Residence halls.

(a) Residence hall contracts. Each university residence hall has a framework of rules, policies, and traditions for the effective operation of its program. A student signing a residence hall contract agrees to abide by the residence hall policies set forth in the residence hall contract.

(b) Residence hall conduct board.

(i) Residence hall conduct boards are empowered to hear cases of alleged violations of the residence hall contract and to issue sanctions when a board finds a resident or residents responsible for a violation of a residence hall contract. Residence hall conduct board hearings shall be conducted in accord with this chapter.

(ii) Student conduct code. Violations of a residence hall contract which also amount to a violation of university conduct regulations may also subject an accused student to the university conduct system, regardless of whether or not the violation is handled at the hall level.

(2) Fraternities and sororities.

(a) Governing regulations. Each of the fraternities and sororities has developed policies and regulations governing the conduct of members and the operation of the organizations. Annual agreements between the university and each fraternity and sorority also govern the behavior of members. In joining one of these groups a student assumes the responsibilities of the living group organization.

(b) Student conduct code. Violations of fraternity or sorority living group policies or regulations which also amount to a violation of the university conduct regulations or violations of fraternity or sorority living group agreements with the university may also subject the accused student or students to the university conduct system, regardless of whether or not the member's fraternity or sorority organization handles the violation at a living group level.

History

Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. WSR 95-07-044, § 504-24-040, filed 3/8/95, effective 4/8/95.

Chapter 504-26 Standards of conduct for students.

Wash. Admin. Code § 504-26-001 Preamble.

Students have the responsibility to read and be familiar with the standards of conduct, to abide by them, and to understand that violations of these standards, if the student is found responsible, will result in educational sanctions and/or remedies for cases in which executive policy 15 is implicated. The dean of students or designee is the person designated by the university president to be responsible for the administration of the standards of conduct.

Washington State University has a long-standing commitment to providing students with a holistic learning experience both in and out of the classroom. Students are expected to uphold and be accountable to our standards of conduct to foster a safe, healthy, and inclusive campus community. The basic philosophy behind the standards of conduct and processes is one of education, centered on student learning through personal development and accountability. Therefore, the student conduct process is designed to support students, guide and correct behaviors, challenge students to make better choices, protect the rights of all students, and support a safe environment for students, the university, and the community at large.

The university strives to provide a fair process for every student without bias or favor regardless of socioeconomic status, personal or social connections, sex, sexual orientation, gender identity, race, religion, age, color, creed, national or ethnic origin, marital status, genetic information, status as an honorably discharged or protected veteran or member of the military, physical, mental, or sensory disability, including the use of a trained service animal, or immigration or citizenship status, except as authorized by federal or state law, regulation, or government contract. It also has responsibility to inform and educate the university community, parents, and the public at large on these standards, uphold them, and exercise the authority to take educational and/or disciplinary action accordingly.

History

Statutory Authority: RCW 28B.30.150. WSR 25-20-053, s 504-26-001, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-001, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-001, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-001, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-26-001, filed 6/15/17, effective 7/16/17
WSR 15-11-041, § 504-26-001, filed 5/14/15, effective 6/14/15
WSR 15-01-080, § 504-26-001, filed 12/15/14, effective 1/15/15
WSR 11-11-031, § 504-26-001, filed 5/11/11, effective 6/11/11
WSR 06-23-159, § 504-26-001, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-010 Definitions.

WAC 504-26-010

Words and phrases used in the standards of conduct regardless of their associated gender identity include all genders. Words and phrases used in the standards of conduct in the singular or plural encompass both the singular and the plural, unless the context clearly indicates otherwise. For purposes of the standards of conduct, the following definitions apply:

(1) Academic integrity hearing board. Faculty, staff, or students authorized, in accordance with WAC 504-26-105, to consider appeals submitted in cases that involve alleged WAC 504-26-202 violations.

(2) University appeals board. Empaneled faculty, staff, or students authorized by WAC 504-26-105 and empowered to convene and make decisions on conduct matters that involve alleged violations listed in this chapter.

(3) Brief adjudication. The process by which a conduct officer or community standards board may adjudicate student conduct matters. Brief adjudication is not permissible for matters that:

(a) Would constitute Title IX sexual harassment as defined in the university's UPPM 10.60; or

(b) Where possible sanctions include expulsion, loss of recognition, or revocation of degree.

(4) CCR. The university's office of compliance and civil rights.

(5) CCS. The university's center for community standards.

(6) Community standards boards. Empaneled faculty, staff, or students authorized by WAC 504-26-105 and empowered to convene and make decisions on conduct matters that involve alleged WAC violations listed in this chapter.

(7) Complainant. Any person who is the alleged victim of prohibited student conduct, whether or not such person has made an actual complaint.

(8) Conduct hearing. The process in which a decision is made regarding a student or registered student organization's responsibility for alleged behavior and assignment of applicable sanctions and/or remedies, where appropriate. (Remedies may be considered for matters implicating UPPM 10.60 part B.) Conduct hearings include brief adjudications and full adjudications.

(9) Conduct officer. A university official authorized by the dean of students or their designee to initiate, manage, and/or adjudicate certain student conduct matters in accordance with WAC 504-26-401 and 504-26-402.

(10) Conduct officer hearing. A brief adjudicative hearing in which a conduct officer determines responsibility, and assigns sanctions when applicable, in student conduct matters.

(11) University Policies and Procedures Manual 10.60. The university's policy prohibiting discrimination and harassment. Also referred to as "UPPM 10.60."

(12) Faculty. For purposes of this chapter, any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty.

(13) Full adjudication.

(a) The process for adjudicating matters involving:

(i) Title IX sexual harassment, or retaliation stemming from those as underlying complaint, as defined in UPPM 10.60; and

(ii) Possible sanction including expulsion, loss of recognition, revocation of degree, or otherwise utilized at the discretion of the CCS when deemed appropriate, in accordance with WAC 504-26-401(4).

(b) In a full adjudication, the presiding officer is also the decision maker.

(14) Gender identity. Having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to the person at birth.

(15) Member of the university community. Includes any person who is a student, faculty, staff, university official, any person employed by the university, or any person with a relationship with the university, including guests of and visitors to the university. A person's status in a particular situation is determined by the dean of students or designee.

(16) Parties and parties' rights.

(a) Parties to a brief adjudicative hearing include the respondent and the university. The respondent and university in brief adjudicative hearings have party rights.

(b) Parties to a full adjudicative hearing include the respondent and university. Complainants are also parties in full adjudicative hearings when allegations are related to Title IX. Any party in full adjudicative hearings has party rights.

(c) The university can determine if party status or party rights are extended to other individuals not outlined in (a) or (b) of this subsection.

(d) The dean of students or their designee determines party status.

(17) Registered student organization. A group of students, collectively, that has complied with the formal requirements for university recognition.

(18) Respondent. A student or registered student organization alleged to have violated these standards of conduct.

(19) Staff. Individuals employed by the university of any rank or classification who are not considered faculty members as defined in subsection (12) of this section.

(20) Standards of conduct. The standards of conduct for students outlined in this chapter.

(21) Student. For the purposes of this chapter, any person who:

(a) Is enrolled in at least one undergraduate, graduate, or professional studies course at the university;

(b) Has been notified of their acceptance for admission but has not yet registered for their course(s);

(22) Title IX. Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 and its implementing 34 C.F.R. Part 106.

(23) University. Washington State University.

(24) University official. Any person employed by the university, performing assigned administrative or professional responsibilities.

(25) University premises. All land, buildings, facilities, vehicles, websites, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks), including its study abroad program sites, as well as university-sponsored or hosted online platforms.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-010, filed 4/20/26, effective 8/1/26
WSR 25-20-053, s 504-26-010, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-010, filed 11/19/24, effective 12/20/24
WSR 24-10-031, § 504-26-010, filed 4/23/24, effective 5/24/24
WSR 22-23-142, § 504-26-010, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-010, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-010, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-26-010, filed 6/15/17, effective 7/16/17
WSR 16-08-014, § 504-26-010, filed 3/28/16, effective 4/28/16
WSR 15-01-080, § 504-26-010, filed 12/15/14, effective 1/15/15
WSR 11-11-031, § 504-26-010, filed 5/11/11, effective 6/11/11
WSR 07-11-030, § 504-26-010, filed 5/8/07, effective 6/8/07
WSR 06-23-159, § 504-26-010, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-015 Jurisdiction and applicability—Relationship to other proceedings.

(1) General. The standards of conduct apply to conduct that occurs on university premises or in connection with university sponsored activities, including transit to or from the activity.

(2) Off-campus conduct. In addition to subsection (1) of this section, the standards of conduct may apply to conduct that occurs off university premises and not in connection with university-sponsored activities, if the conduct adversely affects the health and/or safety of the university community or the pursuit of the university's vision, mission, or values.

The university has sole discretion to make this determination. In making this determination, the conduct officer considers whether the alleged conduct:

(a) Requires the university to exercise jurisdiction under law or as required by federal or state agencies or policies including, but not limited to, allegations of Title IX sexual harassment;

(b) Negatively impacted the reputation of the university or its students;

(d) Caused physical, mental, or emotional harm to another; or

(e) Was recognized by onlookers, complainants, or witnesses as being carried out by a student or registered student organization.

(3) Online conduct - Electronic communications. These standards of conduct may be applied to behavior conducted online, via electronic mail, text message, or other electronic means.

(4) Time frame for applicability. Each student is responsible and accountable for their conduct from the time of application for admission through the actual conferral of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. These standards apply to a student's conduct during that time frame, even if the student withdraws from school, takes a leave of absence, or graduates.

(5) Group accountability. Registered student organizations that violate university policies and the standards of conduct are subject to sanctions. A registered student organization may be held accountable for the behavior of its officers, members, or guests when the university demonstrates that:

(a) The organization or its officers should have foreseen that behavior constituting a violation was likely to occur, yet failed to take reasonable precautions against such behavior;

(b) A policy or practice of the organization was responsible for a violation; or

(c) The behavior constituting a violation was committed by, condoned by, or involved a number of organization officers, members, or guests.

(6) International and national study programs. Students who participate in any university-sponsored or sanctioned international or national study program must observe the following rules and regulations:

(a) The laws of the host country and/or state;

(b) The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying;

(d) These standards of conduct.

(7) Academic and professional standards. Nothing in these standards of conduct is to be construed as limiting academic action that may be taken by a program or other academic unit against a respondent who, based on an established violation of these standards or otherwise, demonstrates a failure to meet the academic and/or professional standards of the program.

(8) Relationship between student conduct process and other legal processes. The university is not required to stay a conduct hearing pending any criminal or civil proceeding, nor must the disposition of any such criminal or civil proceeding control the outcome of any conduct hearing. Respondents may choose to remain silent during conduct proceedings, in accordance with WAC 504-26-045.

History

Statutory Authority: RCW 28B.30.150. WSR 25-20-053, s 504-26-015, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-015, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-015, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-015, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-015, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-020 Advisors and representatives.

WAC 504-26-020

(1) Advisors. Any party may have an advisor of their choice, provided that person agrees to:

(a) Serve as an advisor; and

(b) Be present during all stages of the conduct process as requested.

(2) A list of university employees who are trained advisors is provided upon a party's request. University advisors can provide support at no cost to the party.

(3) Advisors may assist any party engaged in the conduct process and attend meetings and hearings.

(4) Advisors must not be witnesses to the alleged behavior.

(5) Advisors must not be employed in CCS.

(6) Advisors in brief adjudications. Breaks may be taken during the hearing, within reason, to allow a party to consult with their advisor. Advisors are not permitted to speak on behalf of parties in hearings.

(7) Advisors in full adjudications. Breaks may be taken during the hearing, within reason, to allow a party to consult with their advisor. Advisors are not permitted to speak on behalf of parties in hearings; however, advisors must directly question witnesses and engage in cross-examination when there are allegations related to Title IX.

(8) Representatives. A party may choose to be represented during a full adjudication at their own expense. Only persons currently admitted to practice law, including licensed legal interns, are permitted to act as representatives. Representatives are not permitted in brief adjudications; however, persons currently admitted to practice law may participate as advisors in brief adjudications.

(9) As a condition of participation in the conduct process, CCS may require advisors and representatives to sign a statement agreeing to comply with legal requirements and university rules including, but not limited to, requirements related to confidentiality of student information.

(10) Questions regarding logistical and administrative issues are to be directed to the conduct officer, community standards board chair, or presiding officer, as applicable, who may impose reasonable conditions upon participation of advisors and representatives.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-020, filed 4/20/26, effective 8/1/26
WSR 25-20-053, s 504-26-020, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-020, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-020, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-020, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-020, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-025 Confidentiality and participation in student conduct hearings.

Student conduct meetings and hearings are closed to public observation. The parties and their advisors or representatives may attend the entire hearing, excluding deliberations. Admission of any other person to the hearing is at the discretion of the conduct officer, community standards board chair, or presiding officer, as applicable. For convenience, or to accommodate concerns for the personal safety, well-being, or fears of confrontation of any party or witness, the conduct officer, community standards board chair, or presiding officer may allow participation remotely, in separate rooms, or by other means.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-025, filed 11/19/24, effective 12/20/24
WSR 18-23-083, § 504-26-025, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-030 Consolidation.

In any student conduct matter in which there are common issues or parties, the conduct officer, community standards board chair, or presiding officer, as applicable, may decide to consolidate the proceedings. This decision is within the sole discretion of the conduct officer, community standards board chair, or presiding officer.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-030, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-030, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-030, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-035 Service and notification.

Service of all university notices under this chapter is sent by electronic mail addressed to the party's university-issued email address or, if the party does not have a university-issued email address, to the email address on record with the university. Service is complete when the email is sent to the email address. Service may also be accomplished by personal delivery or regular U.S. mail. Notifications via regular U.S. mail are sent to the party's last known address or the address on file with the university registrar, and service is complete on the date the notice is placed in the mail. The student is responsible for maintaining an updated mailing address on file with the registrar. Registered student organizations are responsible for updating their mailing address on file with the center for fraternity and sorority life, university recreation, or student engagement services. Deadlines described in this chapter begin the date the notification is sent via email, personally delivered, or placed in regular U.S. mail.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-035, filed 11/19/24, effective 12/20/24
WSR 18-23-083, § 504-26-035, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-040 Presumptions and standard of proof.

Respondents are presumed "not responsible" for alleged violations. Any violation must be proven by a preponderance of the evidence, meaning that it is more likely than not that the violation occurred.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-040, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-040, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-045 Evidence.

WAC 504-26-045

(1) Evidence, including hearsay evidence, is admissible in student conduct proceedings if, in the judgment of the conduct officer or presiding officer, it is the kind of evidence that reasonably prudent persons are accustomed to rely on in the conduct of their affairs. The conduct officer or presiding officer determines the admissibility and relevance of all information and evidence.

(2) A complainant's sexual interests or prior sexual conduct is not relevant and not admissible in a conduct hearing unless such evidence is offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. The fact of prior consensual sexual conduct between a complainant and a respondent does not by itself demonstrate or imply the complainant's consent to the alleged conduct or preclude determination that the conduct occurred.

(3) For matters involving conduct implicating UPPM 10.60, evidence that was provided to a confidential employee is not admissible, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.

(4) Parties may choose to remain silent during conduct proceedings, recognizing that they give up the opportunity to explain their version of events and that the decision is made based on the information presented at the hearing. No party must be compelled to give self-incriminating evidence, and no negative inference will be drawn from a party's refusal to participate in any stage of the conduct proceeding. If either party does not attend or participate in a hearing, the decision maker may resolve the matter based on the information available at the time of the hearing.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-045, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-045, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-045, filed 11/21/22, effective 1/1/23
WSR 22-07-043, § 504-26-045, filed 3/14/22, effective 4/14/22
WSR 21-07-057, § 504-26-045, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-045, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-050 Supportive and interim measures.

WAC 504-26-050

(1) While a student conduct matter is pending, the university may take a number of supportive measures on an interim basis to ensure the preservation of the educational experience and the overall university environment of the parties.

(a) These actions may include, but are not limited to:

(i) A no-contact directive assigned to any party;

(ii) University housing room change for one or more involved parties; and/or

(iii) Changes in academic schedules or assignments for one or more involved parties.

(b) These actions for registered student organizations may include, but are not limited to:

(i) Loss of recognition;

(ii) Restriction of specified operational activities.

(2) University departments implementing supportive measures must coordinate with CCS or CCR, as applicable, which advises the parties of the supportive measures and the process for challenging them. For matters involving UPPM 10.60, CCR or its designee facilitates supportive measures. For all other alleged standards of conduct violations, CCS facilitates supportive measures. Supportive measures are not sanctions and do not imply or assume responsibility for a violation of the standards of conduct.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-050, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-050, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-050, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-050, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-050, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-100 Presiding officers.

Full adjudicative proceedings are conducted by a presiding officer/decision maker who is designated by the university in accordance with WAC 504-04-020.

(1) The presiding officer's role is to:

(a) Ensure a fair and impartial process;

(b) Make procedural and evidentiary rulings;

(d) Ensure compliance with legal requirements; and

(e) Deliver a decision letter to the parties in accordance with WAC 504-26-403.

(2) The presiding officer must transmit a full and complete record of the proceedings to CCS, including such comments upon demeanor of witnesses as the presiding officer deems relevant, in accordance with RCW 34.05.461.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-100, filed 11/19/24, effective 12/20/24
WSR 24-10-031, § 504-26-100, filed 4/23/24, effective 5/24/24
WSR 22-23-142, § 504-26-100, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-100, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-26-100, filed 6/15/17, effective 7/16/17
WSR 15-11-041, § 504-26-100, filed 5/14/15, effective 6/14/15
WSR 15-01-080, § 504-26-100, filed 12/15/14, effective 1/15/15
WSR 12-04-049, § 504-26-100, filed 1/30/12, effective 3/1/12
WSR 06-23-159, § 504-26-100, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-105 Recruitment, appointment, and term of community standards board members.

WAC 504-26-105

(1) A hearing board selection committee convened by the dean of students and comprised of students, staff, and/or faculty selects community standards board members from the university community.

(2) Community standards board members selected by the hearing board selection committee are appointed by the university president or designee and must be in good standing with the university.

(3) Community standards board members serve a maximum term of four calendar years. After the maximum term is served, community standards board members may reapply to serve for an additional term.

(4) CCS cannot be voting members on the hearing board selection committee.

(5) CCS facilitates the recruitment process for community standards board members.

(6) If a community standards board member fails to meet established expectations, their appointment may be terminated in writing by the university president or designee or hearing board selection committee.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-105, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-105, filed 11/19/24, effective 12/20/24
WSR 24-10-031, § 504-26-105, filed 4/23/24, effective 5/24/24
WSR 22-23-142, § 504-26-105, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-105, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-110 Composition of community standards board.

WAC 504-26-110

A community standards board may consist of one person or multiple persons selected from the pool of appointed university community members in accordance with WAC 504-26-105. No community standards board member may serve on a case if the member previously served on a community standards board in a case involving the same complainant or respondent.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-110, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-110, filed 11/19/24, effective 12/20/24
WSR 24-10-031, § 504-26-110, filed 4/23/24, effective 5/24/24
WSR 22-23-142, § 504-26-110, filed 11/21/22, effective 1/1/23
WSR 20-07-075, § 504-26-110, filed 3/16/20, effective 4/16/20
WSR 18-23-083, § 504-26-110, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-112 Community standards board chairs.

(1) The chair is responsible for ensuring:

(a) A fair and impartial process for all parties named in the hearing; and

(b) A written letter representing the decision of the board is provided to CCS for distribution to the parties.

(2) One member of the community standards board is designated as the chair of the board. The chair is a voting member of the community standards board.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-112, filed 11/19/24, effective 12/20/24.

Wash. Admin. Code § 504-26-115 Composition of university appeals board.

WAC 504-26-115

(1) A university appeals board may consist of:

(a) The director of CCS or designee;

(b) The director of CCR or designee; or

(d) The appeals board is the university's reviewing officer as that term is defined under RCW 34.05.464(4).

(2) No university appeals board member may serve on a case if the member previously served on any community standards board in a case involving the same complainant or respondent.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-115, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-115, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-115, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-115, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-117 Composition of academic integrity hearing board.

WAC 504-26-117

An academic hearing board may consist of:

(1) A panel of one or more individuals in accordance with WAC 504-26-110.

(a) To the extent possible, reasonable attempts are made to have graduate student(s) and/or graduate faculty as board members, in accordance with WAC 504-26-110, when respondents in cases are graduate students.

(b) To the extent possible, reasonable attempts are made to have at least one faculty board member, in accordance with WAC 504-26-110.

(2) No academic integrity hearing board member may serve on a case if the member previously served on any community standards board for the same respondent.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-117, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-117, filed 11/19/24, effective 12/20/24.

Wash. Admin. Code § 504-26-120 Training.

WAC 504-26-120

(1) Community standards board members. All community standards board members appointed in accordance with WAC 504-26-105 must complete the following training before participating on any community standards board:

(a) Student development;

(b) Student conduct philosophies, including the educational component of the student conduct process;

(i) Due process;

(ii) Standards of proof;

(iii) Relevant and admissible evidence;

(iv) Conflict of interest; and

(v) Identifying bias;

(d) Sexual assault and gender-based violence;

(e) Alcohol and drug prevention;

(f) Sanctioning principles and guidelines; and

(g) Title IX regulatory definitions, jurisdiction, and grievance processes.

(2) Conduct officers. Conduct officers must not participate in any student conduct matter until, at a minimum, training in the following areas has been completed:

(a) Alternative dispute resolution;

(b) Restorative justice; and

(3) Presiding and reviewing officers. Presiding and reviewing officers must not participate in any student conduct matter until, at a minimum, training in the following areas has been completed:

(a) Student development;

(b) Student conduct philosophies, including the educational component of the student conduct process; and

(4) Renewal of training. Training must be renewed on a biennial basis, except for decision makers who hear Title IX matters, who are required to take Title IX regulatory training annually.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-120, filed 4/20/26, effective 8/1/26
WSR 25-20-053, s 504-26-120, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-120, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-120, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-120, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-120, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-125 Recusal.

(1) Notification of names of conduct officers and board members. All parties must be notified of the names of conduct officers and/or community standards board members assigned to their case no later than seven calendar days prior to the hearing date.

(2) Requesting recusal of conduct officers and board members. A party requesting recusal of a conduct officer or community standards board member must demonstrate good cause including, but not limited to, conflict of interest or bias. For brief adjudicative proceedings, the dean of students or designee is responsible for granting or denying requests.

(3) Presiding officer. Requests for recusal of the presiding officer are governed by the model rules of procedure, WAC 10-08-050(2).

(4) Reviewing officer. A party requesting recusal of a reviewing officer must demonstrate good cause including, but not limited to, conflict of interest or bias. The dean of students or designee is responsible for granting or denying requests.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-125, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-125, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-125, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-201 Misconduct—Rules and regulations.

WAC 504-26-201

Any student or registered student organization found to have committed, assisted, conspired, or attempted to commit misconduct (WAC 504-26-202 through 504-26-231) is subject to the disciplinary sanctions outlined in WAC 504-26-425.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-201, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-201, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-201, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-201, filed 11/19/18, effective 12/20/18
WSR 15-01-080, § 504-26-201, filed 12/15/14, effective 1/15/15
WSR 08-05-001, § 504-26-201, filed 2/6/08, effective 3/8/08
WSR 07-11-030, § 504-26-201, filed 5/8/07, effective 6/8/07
WSR 06-23-159, § 504-26-201, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-202 Acts of dishonesty.

WAC 504-26-202

Acts of dishonesty are defined as:

(1) Academic integrity violations.

(a) Use of unauthorized materials in taking quizzes, tests, or examinations, or giving or receiving unauthorized assistance by any means, including talking, copying information from another student, using electronic devices, or taking an examination for another student.

(b) Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.

(c) Acquisition or possession of tests or other academic material belonging to a member of the university faculty or staff when acquired without the permission of the university faculty or staff member.

(d) Fabrication, which is the intentional invention or counterfeiting of information in the course of an academic activity. Fabrication includes, but is not limited to:

(i) Counterfeiting data, research results, information, or procedures with inadequate foundation in fact. The office of research must be consulted in matters involving alleged research misconduct as that term is defined in University Policies and Procedures Manual 45.30 (UPPM 45.30).

(ii) Counterfeiting a record of internship or practicum experiences.

(iii) Submitting a false excuse for absence or tardiness or a false explanation for failing to complete a class requirement or scheduled examination at the appointed date and time.

(e) Engaging in any behavior for the purpose of gaining an unfair advantage specifically prohibited by a faculty member in the course syllabus or class discussion.

(f) Research misconduct. Falsification, fabrication, plagiarism, or other forms of dishonesty in scientific and scholarly research are prohibited. Complaints and inquiries involving cases of research misconduct are managed according to the university's policy for responding to allegations of research misconduct, UPPM 45.30. A finding of research misconduct is subject to sanctions by CCS.

(g) Unauthorized collaboration on assignments.

(h) Intentionally obtaining unauthorized knowledge of examination materials.

(i) Plagiarism. Presenting the information, ideas, or phrasing of another person as the student's own work without proper acknowledgment of the source. This includes submitting a commercially prepared paper or research project or submitting for academic credit any work done by someone else. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

(j) Unauthorized multiple submission of the same work.

(k) Sabotage of others' work.

(l) Tampering with or falsifying records.

(m) Violating any other academic rule or standards specified in published course policies.

(n) Unauthorized use of artificial intelligence to complete course requirements including, but not limited to, papers, homework assignments, and tests.

(2) Providing false information, omitting relevant information, or misrepresenting information to any person, including university officials, faculty members, or administrators. It is not a violation of this section to refuse to give self-incriminating evidence to a university official, faculty member, or administrator. (See WAC 504-26-045.)

(3) Omitting any previously attended universities or other requested information from an admissions application.

(4) Forgery, alteration, or misuse of any university document or record, or instrument of identification whether issued by the university or other state or federal agency.

(5) Fraud.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-202, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-202, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-202, filed 11/21/22, effective 1/1/23
WSR 15-01-080, § 504-26-202, filed 12/15/14, effective 1/15/15
WSR 08-05-001, § 504-26-202, filed 2/6/08, effective 3/8/08
WSR 07-11-030, § 504-26-202, filed 5/8/07, effective 6/8/07
WSR 06-23-159, § 504-26-202, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-203 Disruption or obstruction.

Students have the right to freedom of speech, including the right to dissent and protest, but this expression may not interfere with the rights of others or substantially disrupt or materially interfere with the university's activities. Time, place, and manner restrictions apply. (See chapter 504-33 WAC.) Behavior prohibited by this section is:

(1) Substantial disruption or material interference with the university's activities by any means including use of telephone, computer, or some other medium. University activities include, but are not limited to, teaching, research, administration, or disciplinary proceedings. University activities may also include activities of other entities that are authorized to be conducted on the university premises.

(2) Obstruction of the free flow of persons, including pedestrian or vehicular traffic on university premises or at university-sponsored or supervised functions.

(3) Conduct that substantially prevents any member of the university community from completing their duties.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-203, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-203, filed 11/19/18, effective 12/20/18
WSR 07-11-030, § 504-26-203, filed 5/8/07, effective 6/8/07
WSR 06-23-159, § 504-26-203, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-204 Physical harm or threat.

(1) Physical harm includes, but is not limited to, any injury, damage, or impairment to the body caused to another person.

(2) Threat includes, but is not limited to, a statement of an intention to inflict pain, injury, damage, or other hostile action to another person. Threat can come in the form of actions or words. Threat does not include speech that is protected under the first amendment.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-204, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-204, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-204, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-204, filed 11/19/18, effective 12/20/18
WSR 15-01-080, § 504-26-204, filed 12/15/14, effective 1/15/15
WSR 14-11-025, § 504-26-204, filed 5/12/14, effective 6/12/14
WSR 06-23-159, § 504-26-204, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-205 Theft or damage to property.

Theft of, and/or the intentional or reckless damage to, the property of another.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-205, filed 11/21/22, effective 1/1/23
WSR 06-23-159, § 504-26-205, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-206 Hazing.

WAC 504-26-206

(1) Hazing includes any

activity committed in the course of initiation into, affiliation with, or maintenance of membership in a student organization, athletic team, or living group that:

(a) Causes or creates a risk of physical or psychological injury, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization; or

(b) Endangers the mental or physical health or safety of a student, regardless of the person's willingness to participate.

(2) Examples include, but are not limited to:

(a) Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone's body, or similar activity;

(b) Causing, directing, coercing, forcing, or otherwise inducing sleep deprivation, excessive fatigue, exposure to the elements, confinement in a small space, extreme calisthenics, unreasonable or unnatural physical activity, or other similar activity;

(c) Causing, directing, coercing, forcing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;

(d) Causing, directing, coercing, forcing, or otherwise inducing another person to perform sexual acts;

(e) Any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;

(f) Any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law;

(g) Causing, directing, coercing, forcing, or otherwise inducing another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law;

(h) Use of alcohol during activities targeted towards new members;

(i) Morally degrading, humiliating, or embarrassing games or activities; or

(j) Creating, enforcing, or exploiting power imbalances between members.

(3) Hazing does not include practice, training, conditioning and eligibility requirements for customary athletic events, such as intramural or club sports and NCAA athletics, or other similar contests or competitions.

(4) Hazing is prohibited both on and off campus.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-206, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-206, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-206, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-206, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-206, filed 11/19/18, effective 12/20/18
WSR 06-23-159, § 504-26-206, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-207 Failure to comply with university officials or law enforcement officers.

WAC 504-26-207

Failure to:

(1) Comply with lawful directions of university officials, law enforcement officers, or any emergency services personnel acting in performance of their duties;

(2) Identify oneself to university officials, law enforcement officers, or any emergency services personnel when requested to do so; or

(3) Comply with an informal resolution facilitated under UPPM 10.60 or an agreed resolution facilitated by CCS.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-207, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-207, filed 11/19/24, effective 12/20/24
WSR 08-05-001, § 504-26-207, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-207, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-208 Unauthorized keys or unauthorized entry.

Unauthorized possession, duplication, or use of keys, including cards or alphanumeric pass-codes, to any university premises or unauthorized entry to or use of university premises.

History

Statutory Authority: RCW 28B.30.150. WSR 08-05-001, § 504-26-208, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-208, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-209 Violation of university policy, rule, or regulation.

WAC 504-26-209

Violation of any university policy, rule, or regulation published electronically on the university website or in hard copy including, but not limited to, the university's alcohol and drug policy, UPPM 10.60, and housing and residence life policy.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-209, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-209, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-209, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-209, filed 3/15/21, effective 4/15/21
WSR 15-01-080, § 504-26-209, filed 12/15/14, effective 1/15/15
WSR 11-11-031, § 504-26-209, filed 5/11/11, effective 6/11/11
WSR 06-23-159, § 504-26-209, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-210 Violation of law.

Conduct which would constitute violation of any federal, state, or local law.

History

Statutory Authority: RCW 28B.30.150. WSR 07-11-030, § 504-26-210, filed 5/8/07, effective 6/8/07
WSR 06-23-159, § 504-26-210, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-211 Drugs and drug paraphernalia.

Use, possession, manufacture, or distribution of cannabis, narcotics, or other controlled substances, or drug paraphernalia except as permitted by federal, state, and local law.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-211, filed 11/21/22, effective 1/1/23
WSR 06-23-159, § 504-26-211, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-212 Alcohol.

Use, possession, manufacture, or distribution of alcoholic beverages to any person under 21 years old or by any person under 21 years old (except as expressly permitted by university regulations, and federal, state, and local laws), or public intoxication at any age.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-212, filed 11/21/22, effective 1/1/23
WSR 15-11-041, § 504-26-212, filed 5/14/15, effective 6/14/15
WSR 15-01-080, § 504-26-212, filed 12/15/14, effective 1/15/15
WSR 06-23-159, § 504-26-212, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-213 Weapons.

(1) No student may possess or use any firearm, explosive (including fireworks), dangerous chemicals (excluding pepper spray), or other dangerous weapons or instrumentalities (including tasers and airsoft guns) on university premises.

(2) This prohibition does not apply to possession of such items for authorized university purposes; possession of such items by authorized law enforcement officers; or individuals who have obtained prior written approval from the university chief of police, president, or designee.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-213, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-213, filed 11/21/22, effective 1/1/23
WSR 20-07-075, § 504-26-213, filed 3/16/20, effective 4/16/20
WSR 18-23-083, § 504-26-213, filed 11/19/18, effective 12/20/18
WSR 08-05-001, § 504-26-213, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-213, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-217 Unauthorized use of electronic or other devices.

Making an audio, digital, or video record of any person without their prior knowledge, or without their effective consent when such a recording is of a private conversation or of images taken of a person(s) at a time and place where they would reasonably expect privacy and where such images are likely to cause injury or distress.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-217, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-217, filed 3/15/21, effective 4/15/21
WSR 06-23-159, § 504-26-217, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-218 Computer abuses or theft.

WAC 504-26-218

Theft or other abuse of computer facilities and resources including, but not limited to:

(1) Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

(2) Unauthorized transfer of a file.

(3) Unauthorized use of computer hardware.

(4) Unauthorized use of another individual's identification, password, or multifactor authentication credentials.

(5) Use of computing facilities and resources in violation of any law, including copyright laws.

(6) Any violation of the university computer use policy found in the university's UPPM 85.47 (electronic communication policy) and UPPM 87.07 (email use and security policy).

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-218, filed 4/20/26, effective 8/1/26
WSR 22-23-142, § 504-26-218, filed 11/21/22, effective 1/1/23
WSR 15-01-080, § 504-26-218, filed 12/15/14, effective 1/15/15
WSR 12-04-049, § 504-26-218, filed 1/30/12, effective 3/1/12
WSR 08-05-001, § 504-26-218, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-218, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-219 Abuse of the student conduct system.

Abuse of the student conduct system is defined as:

(1) Filing fraudulent charges or initiating a university conduct proceeding in bad faith.

(2) Attempting to discourage an individual's proper participation in, or use of, the student conduct system.

(3) Attempting to influence the impartiality of a member of the university conduct system prior to, and/or during the course of, any conduct proceeding.

(4) Harassment (verbal, written, or physical) and/or intimidation of a member of a community standards board, any individual involved in the conduct process, any CCR investigator or CCR informal resolution facilitator during a CCR investigation, or any conduct officer before, during, and/or after any university conduct proceeding.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-219, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-219, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-219, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-219, filed 11/19/18, effective 12/20/18
WSR 15-01-080, § 504-26-219, filed 12/15/14, effective 1/15/15
WSR 08-05-001, § 504-26-219, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-219, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-220 Discriminatory harassment.

(1) Unwelcome, intentional conduct on the basis of sex (other than Title IX sexual harassment); sexual orientation; gender identity; race; religion; age; color; creed; national or ethnic origin; marital status; genetic information; status as an honorably discharged veteran, protected veteran, or member of the military; physical, mental, or sensory disability (including disability requiring the use of a trained service animal); or immigration or citizenship status, except as authorized by federal or state law, regulation, or government contract, which is so severe or pervasive, and objectively offensive, that it substantially and unreasonably:

(a) Interferes with, or has the potential to interfere with, an individual's ability to participate in university employment, education, programs, or activities;

(b) Adversely alters the condition of an individual's university employment, education, or participation status;

(d) Results in a material or substantial disruption of the university's operations or the rights of students, staff, faculty, visitors, or program participants.

(2) In determining if conduct is harassing, the totality of the circumstances are assessed including, but not limited to, the following factors:

(a) Severity;

(b) Frequency of the discrimination;

(d) Physicality, threats, or endangerment; and

(e) Whether or not the conduct could be reasonably considered protected speech or serving some other lawful purpose.

History

Statutory Authority: RCW 28B.30.150. WSR 25-20-053, s 504-26-220, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-220, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-220, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-220, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-220, filed 11/19/18, effective 12/20/18
WSR 14-11-025, § 504-26-220, filed 5/12/14, effective 6/12/14
WSR 06-23-159, § 504-26-220, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-221 Sexual assault.

(1) Sexual assault is an egregious form of sex-based harassment. Sexual assault is defined as follows. (Note: The following sexual assault definitions are updated in the National Incident-Based Reporting System (NIBRS) User Manual which is available online on the Federal Bureau of Investigation (FBI) UCR Technical Specifications website at https://le.fbi.gov/informational-tools/ucr/. Where the definitions are updated in the NIBRS User Manual, the updated definitions apply.)

(a) Sex offense. Any sexual act directed against another person, without the consent of the complainant, including instances where the complainant is incapable of giving consent.

(b) Rape (except statutory rape). Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(c) Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(d) Incest. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

(e) Statutory rape. Nonforcible sexual intercourse with a person who is under the statutory age of consent.

(2) Consent. Consent to any sexual activity must be clear, knowing, and voluntary. Anything less is equivalent to a "no." Clear, knowing, and voluntary consent to sexual activity requires that, at the time of the act, and throughout the sexual contact, all parties actively express words or conduct that a reasonable person would conclude demonstrates clear permission regarding willingness to engage in sexual activity and the conditions of such activity. Consent is active; silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:

(a) Force or coercion is threatened or used to procure compliance with the sexual activity.

(i) Force is the use of physical violence, physical force, threat, or intimidation to overcome resistance or gain consent to sexual activity.

(ii) Coercion is unreasonable pressure for sexual activity. When an individual makes it clear through words or actions that the individual does not want to engage in sexual contact, wants to stop, or does not want to go past a certain point of sexual interaction, continued pressure beyond that point may be coercive. Other examples of coercion may include using blackmail or extortion to overcome resistance or gain consent to sexual activity.

(b) The person is asleep, unconscious, or physically unable to communicate their unwillingness to engage in sexual activity; or

(c) A reasonable person would or should know that the other person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the influence of alcohol or another substance, or some other cause. When alcohol or drugs are involved, a person is considered incapacitated or unable to give valid consent if the individual cannot fully understand the details of the sexual interaction (i.e., who, what, when, where, why, and how), and/or the individual lacks the capacity to reasonably understand the situation and to make rational, reasonable decisions.

(3) Use of alcohol or other drugs is not a valid defense to a violation of this policy.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-221, filed 11/19/24, effective 12/20/24
WSR 21-07-057, § 504-26-221, filed 3/15/21, effective 4/15/21
WSR 17-13-049, § 504-26-221, filed 6/15/17, effective 7/16/17
WSR 14-11-025, § 504-26-221, filed 5/12/14, effective 6/12/14
WSR 06-23-159, § 504-26-221, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-222 Harassment (other than sex-based harassment or discriminatory harassment).

WAC 504-26-222

Conduct by any means that is unwelcome and so severe, persistent, or pervasive that it would cause a reasonable person in the complainant's position to experience substantial emotional distress and/or undermine their ability to work, study, or participate in regular life or university activities. This includes behavior carried out through digital or electronic means, such as social media platforms, blogs, text messages, and other online communication tools.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-222, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-222, filed 11/19/24, effective 12/20/24
WSR 21-07-057, § 504-26-222, filed 3/15/21, effective 4/15/21
WSR 14-11-025, § 504-26-222, filed 5/12/14, effective 6/12/14
WSR 06-23-159, § 504-26-222, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-223 Stalking.

(1) Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(a) Fear for their safety or the safety of others; or

(b) Suffer substantial emotional distress.

(2) Course of conduct means two or more acts including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

(3) Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.

(4) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(5) The use of alcohol or other drugs is not a valid defense to a violation of this policy.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-223, filed 11/19/24, effective 12/20/24
WSR 21-07-057, § 504-26-223, filed 3/15/21, effective 4/15/21
WSR 14-11-025, § 504-26-223, filed 5/12/14, effective 6/12/14
WSR 11-11-031, § 504-26-223, filed 5/11/11, effective 6/11/11
WSR 06-23-159, § 504-26-223, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-224 Reckless endangerment.

WAC 504-26-224

Engaging in conduct that creates an unreasonable risk of harm to another person or property and/or other conduct that undermines the safety of the university community or any person. Reckless endangerment may include, but is not limited to:

(1) Operating a vehicle while intoxicated;

(2) Operating a vehicle with blatant disregard for the safety of other people and/or property;

(3) Placing hazards in a public right of way;

(4) Throwing objects at moving vehicles or out of buildings;

(5) Tampering with or removing safety equipment and/or signage.

(6) Distribution of a controlled substance or alcohol.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-224, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-224, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-224, filed 11/21/22, effective 1/1/23
WSR 06-23-159, § 504-26-224, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-225 Trespassing.

Knowingly entering or remaining unlawfully in or on university premises or any portion thereof. Any person who has been given notice by a university official of the university's decision to exclude them from all or a portion of the university premises is not licensed, invited, or otherwise privileged to enter or remain on the identified portion of university premises, unless given prior explicit written permission by university administration.

History

Statutory Authority: RCW 28B.30.150. WSR 18-23-083, § 504-26-225, filed 11/19/18, effective 12/20/18
WSR 08-05-001, § 504-26-225, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-225, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-227 Title IX sexual harassment.

Conduct on the basis of sex that satisfies one or more of the following:

(1) A WSU student conditioning the provision of a WSU aid, benefit, or service on an individual's participation in unwelcome sexual conduct;

(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to WSU's education programs or activities;

(3) "Sexual assault" as defined in 20 U.S.C. 1092 (f)(6)(A)(v);

(4) "Dating violence" as defined in 34 U.S.C. 12291 (a)(11);

(5) "Domestic violence" as defined in 34 U.S.C. 12291 (a)(12); or

(6) "Stalking" as defined in 34 U.S.C. 12291 (a)(36).

History

Statutory Authority: RCW 28B.30.150. WSR 25-20-053, s 504-26-227, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-227, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-227, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-227, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-227, filed 11/19/18, effective 12/20/18
WSR 14-11-025, § 504-26-227, filed 5/12/14, effective 6/12/14.

Wash. Admin. Code § 504-26-230 Retaliation.

(1) Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by university policies, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.

(2) First amendment activities do not constitute retaliation.

History

Statutory Authority: RCW 28B.30.150. WSR 21-07-057, § 504-26-230, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-230, filed 11/19/18, effective 12/20/18
WSR 14-11-025, § 504-26-230, filed 5/12/14, effective 6/12/14.

Wash. Admin. Code § 504-26-231 Intimate partner violence.

Intimate partner violence is defined as:

(1) Dating violence, which is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship is determined based on the:

(a) Length of the relationship;

(b) Type of relationship; and

(2) Domestic violence, which is defined as a felony or misdemeanor crime of violence committed by:

(a) A current or former spouse or intimate partner of the complainant or a person similarly situated to a spouse of the complainant;

(b) A person with whom the complainant shares a child in common;

(d) A person similarly situated to a spouse of the complainant under the domestic or family violence laws of Washington; or

(e) Any other person against an adult or youth complainant who is protected from that person's act under the domestic or family violence laws of Washington.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-231, filed 11/19/24, effective 12/20/24
WSR 21-07-057, § 504-26-231, filed 3/15/21, effective 4/15/21.

Wash. Admin. Code § 504-26-401 Initiating conduct proceedings.

WAC 504-26-401

(1) Complaints. Any member of the university community may submit a complaint that a student or registered student organization violated the standards of conduct. In matters that would constitute a violation of UPPM 10.60, the complaint must be submitted to CCR or initiated by CCR pursuant to UPPM 10.60. In addition, CCS may initiate conduct proceedings when it receives any direct or indirect report of conduct that may violate the standards of conduct.

(2) Decision not to refer the matter to a hearing. If the conduct officer decides not to refer the matter to a hearing, the conduct officer may notify the complainant in writing of the decision, the reasons for the decision, and how to seek review of the decision. Conduct matters may be reopened if new relevant information becomes known. A conduct officer cannot dismiss a matter received from CCR where CCR completed an investigation implicating Title IX. In such cases, the matter must be referred to a conduct hearing, which must be held within 60 days of the date the CCR investigation is completed, unless good cause exists to extend the date of the hearing or the matter is resolved through agreement or alternative dispute resolution.

(3) Agreement and alternative dispute resolution. A conduct officer may resolve a matter by agreement. Agreements may be reached directly or through alternative dispute resolution including, but not limited to, shuttle diplomacy or mediation. Parties involved in matters implicating UPPM 10.60 also may participate in an informal resolution process outlined in UPPM 10.60 and the CCR procedural guidelines at any time prior to a determination of responsibility. When resolution of a matter is reached by agreement or alternative dispute resolution, the agreement must be in writing and signed by the parties and the conduct officer. In the agreement, the parties must be advised in writing that:

(a) The disposition is final and they are waiving any right to a hearing on the matter, including any right to appeal; and

(b) If any party decides not to sign the agreement, and the matter proceeds to a hearing, neither the agreement nor a party's refusal to sign will be used against either party at the hearing.

(4) Referral for adjudication. Except as provided in subsection (2) of this section, if CCS determines that a conduct hearing is warranted, and the matter is not resolved through agreement or alternative dispute resolution, the matter is handled through either a brief adjudication in accordance with WAC 504-26-402 or a full adjudicative proceeding in accordance with WAC 504-26-403. In determining which process is appropriate, CCS considers factors including, but not limited to, the nature and severity of the allegations, the respondent's past contacts with CCS, and the range of possible sanctions that would be appropriate given the alleged conduct. A student may request a full adjudicative proceeding, but the final decision regarding whether to refer the matter to a full adjudicative proceeding for resolution is made by CCS and is not subject to appeal.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-401, filed 4/20/26, effective 8/1/26
WSR 25-20-053, s 504-26-401, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-401, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-401, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-401, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-401, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-26-401, filed 6/15/17, effective 7/16/17
WSR 15-11-041, § 504-26-401, filed 5/14/15, effective 6/14/15
WSR 15-01-080, § 504-26-401, filed 12/15/14, effective 1/15/15
WSR 11-11-031, § 504-26-401, filed 5/11/11, effective 6/11/11
WSR 08-05-001, § 504-26-401, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-401, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-402 Brief adjudications.

WAC 504-26-402

(1) Adoption of model rules of procedure. Brief adjudications are governed by the Administrative Procedure Act, RCW 34.05.482 through 34.05.494, and chapter 10-08 WAC, Model rules of procedure, except as otherwise provided in this chapter. In the event of a conflict between the rules in this chapter and the model rules, this chapter governs.

(2) Notice of hearing. The parties must be provided with written notice no later than seven calendar days prior to a brief adjudication. The notice must include:

(a) A brief description of the factual allegations or issues involved;

(b) The specific standard of conduct provision(s) the respondent is alleged to have violated;

(c) The time, date, and location of the hearing or the process to schedule the hearing, if the hearing is attended by the parties;

(d) Information regarding what to expect during the student conduct process and student rights including, but not limited to:

(i) A statement that the parties have the right to have an advisor present at the hearing;

(ii) A statement regarding the right not to self-incriminate in accordance with WAC 504-26-045; and

(iii) Information regarding the right to request recusal of a conduct officer or community standards board member under WAC 504-26-125;

(e) Available resources, including how to access an information session;

(f) A statement that any request to modify the time or date of the hearing should be addressed to CCS;

(g) A statement that respondents are presumed "not responsible" for the pending allegations; and

(h) A statement that violations are determined by a preponderance of the evidence, meaning that it is more likely than not that the violation occurred.

(3) Hearing and possible outcomes.

(a) Brief adjudications are conducted in accordance with RCW 34.05.482 through 34.05.494. The hearing allows for an objective evaluation and review of available information, the rendering of a decision regarding responsibility, and assigned sanctions, as appropriate.

(i) In conduct hearings, the conduct officer may engage in further questioning of parties and witnesses as needed to evaluate the allegations and assess credibility.

(ii) In community standards board hearings, the board may engage in further questioning of parties who attend the hearing as needed to evaluate the allegations and assess credibility.

(b) Upon conclusion of the hearing, the following actions may be taken:

(i) Respondent found responsible for any or all of the alleged violations and assign sanctions as provided in WAC 504-26-425; or

(ii) Respondent found not responsible for any or all of the alleged violations.

(c) In conduct hearings, the conduct officer may take the actions outlined in (b) of this subsection or dismiss the matter with no finding regarding responsibility, in which case the matter may be reopened at a later date if relevant new information becomes known.

(4) Notice of decision and right to appeal. The parties are notified, in writing, of the decision within 30 calendar days of the brief adjudication or, upon notification in writing, within an extended total of 90 calendar days. This is the initial order of the university and must include:

(a) Description of the allegations that initiated the community standards process;

(b) Description of procedural steps taken from the receipt of the formal complaint up to and including the outcome of the brief adjudication, as well as a rationale for such determinations;

(d) The sanction(s) to be assigned, if any, and the rationale for the sanction(s);

(e) Information regarding the parties' right to appeal according to WAC 504-26-420, including the time frame for seeking review; and

(f) Notice that the initial order becomes final unless an appeal is filed within 20 calendar days of the date the initial order is sent to the parties.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-402, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-402, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-402, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-402, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-402, filed 11/19/18, effective 12/20/18
WSR 17-13-049, § 504-26-402, filed 6/15/17, effective 7/16/17
WSR 16-08-014, § 504-26-402, filed 3/28/16, effective 4/28/16
WSR 15-01-080, § 504-26-402, filed 12/15/14, effective 1/15/15
WSR 12-04-049, § 504-26-402, filed 1/30/12, effective 3/1/12
WSR 11-11-031, § 504-26-402, filed 5/11/11, effective 6/11/11
WSR 08-05-001, § 504-26-402, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-402, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-403 Full adjudications.

WAC 504-26-403

(1) Adoption of model rules of procedure. Full adjudications are governed by the Administrative Procedure Act, RCW 34.05.413 through 34.05.476, and chapter 10-08 WAC, Model rules of procedure, except as otherwise provided in this chapter. In the event of a conflict between the rules in this chapter and the model rules, this chapter governs.

(2) Notice of hearing. Notice to the parties of a full adjudicative proceeding must comply with model rule WAC 10-08-040 and standards of conduct rule WAC 504-26-035. In addition, information regarding the student conduct process and student rights, as required by WAC 504-26-401 must be provided.

(3) Time for hearings. The full adjudicative proceeding is scheduled no less than seven calendar days after the parties have been sent notice of the hearing.

In accordance with WAC 10-08-090, requests to extend the time and/or date for hearing must be addressed to the presiding officer. A request for an extension of time is granted only upon a showing of good cause.

(4) Subpoenas. Subpoenas may be issued and enforced in accordance with model rule WAC 10-08-120. In determining whether to issue, quash, or modify a subpoena, the presiding officer must give due consideration to state and federal legal requirements including, but not limited to, Title IX, its implementing regulations, and guidance issued by the federal Office for Civil Rights. The party requesting the subpoena has the burden of showing that a subpoena is necessary for full disclosure of all the relevant facts and issues.

(5) Discovery. Depositions and interrogatories are not permitted in adjudications of student conduct matters. Other forms of discovery may be permitted at the discretion of the presiding officer; however, discovery should be limited to help ensure the prompt completion of the adjudication process.

(6) Direct questioning and cross-examination. As required by RCW 34.05.449, direct and cross-examination of witnesses is permitted to the extent necessary for full disclosure of all relevant facts and issues.

(a) Direct questioning and cross-examination is conducted by the party or the party's advisor or representative in a respectful manner. Prior to asking or allowing any direct and cross-examination question, the presiding officer must first determine whether the question is relevant, permissible, clear, not repetitive and not harassing. If a presiding officer excludes a question, the presiding officer must explain the rationale for exclusion and provide the party and/or advisor an opportunity to clarify or revise their question.

(b) At no point may a party personally cross-examine the other party when the other party is testifying as a witness or directly cross-examine other witnesses in a full-adjudicative hearing involving allegations of Title IX sexual harassment. If necessary, the university provides an advisor to the parties for the purposes of direct questioning and cross-examination in full adjudicative hearings involving allegations related to Title IX.

(c) The university, when represented by a member of CCS staff, is not required to have an advisor or representative for the purposes of engaging in cross-examination questioning or direct questioning of witnesses.

(7) Decision requirements. Decisions regarding responsibility and sanctions are made by the presiding officer.

(8) Notice of decision and right to appeal. The parties are notified, in writing, of the decision within 30 calendar days of the full adjudication or, upon notification in writing, within an extended total of 90 calendar days. The initial order of the university must contain the following:

(a) Description of the allegations that initiated the community standards process;

(b) Description of procedural steps taken from the receipt of the formal complaint up to and including the outcome of the full adjudicative proceeding;

(d) The sanction(s) and/or remedy(ies) to be assigned, if any, and the rationale for the sanction(s) and/or remedy(ies);

(e) Information regarding the parties' right to appeal according to WAC 504-26-420, including the time frame for seeking review; and

(f) Notice that the initial order becomes final unless an appeal is filed within 20 calendar days of the date the initial order is sent to the parties.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-403, filed 4/20/26, effective 8/1/26
WSR 25-20-053, s 504-26-403, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-403, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-403, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-403, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-403, filed 11/19/18, effective 12/20/18
WSR 16-08-014, § 504-26-403, filed 3/28/16, effective 4/28/16
WSR 15-11-041, § 504-26-403, filed 5/14/15, effective 6/14/15
WSR 15-01-080, § 504-26-403, filed 12/15/14, effective 1/15/15
WSR 11-11-031, § 504-26-403, filed 5/11/11, effective 6/11/11
WSR 08-05-001, § 504-26-403, filed 2/6/08, effective 3/8/08
WSR 06-23-159, § 504-26-403, filed 11/22/06, effective 12/23/06.

Wash. Admin. Code § 504-26-409 Emergency suspension.

(1) Definition. An emergency suspension is a temporary exclusion of a student from all or specified portions of university premises, programs, or activities pending an investigation or conduct hearing relating to alleged standards of conduct violations. An emergency suspension may be assigned at any time prior to the issuance of the university's final order in the matter.

(2) Circumstances warranting emergency suspension. Emergency suspension may be assigned only in situations when the dean of students or a vice chancellor for student affairs (in consultation with CCS), or their designee, has engaged in an individualized safety and risk analysis, and determines that removal is justified because the student:

(a) Allegedly has violated any provision of the standards of conduct; and

(b) If the allegations in (a) of this subsection are true, the student is an imminent and serious threat to the health or safety of any student, employee, or other individual. Conduct that creates an ongoing disruption of, or interference with, the operations of the university and that prevents other students, employees, or invitees from completing their duties or accessing their education or the educational environment, is conduct harmful to the welfare of members of the university community.

(3) Procedure. The dean of students or a vice chancellor for student affairs, or their designee, ordering an emergency suspension must send the student a written notice of emergency suspension. The notice must contain the reasons for the decision (both the factual basis and the conclusions as to why those facts constitute a violation of the standards of conduct), the policy reasons for the emergency suspension, and the process to challenge the decision. The emergency suspension does not replace the community standards process, which must proceed to a conduct hearing, as applicable, as quickly as feasible unless the emergency suspension is lifted earlier by the individual who issued the original emergency suspension or the individual who reviewed the student's challenge to an emergency suspension. If an emergency suspension is lifted prior to the hearing, the conduct officer determines whether to refer the matter to a hearing. Once a final order or agreement is entered, any emergency suspension is lifted and the sanction, if any, set forth in the final order or agreement is assigned.

(4) Challenge of the decision. The student can challenge the emergency suspension decision within 10 calendar days of the date of notice. Challenges are reviewed by the vice provost for student affairs or their designee, provided the designee is not the same person who made the original emergency suspension decision. The vice provost for student affairs or designee has 10 calendar days to respond to the challenge and can uphold, reverse, or modify the emergency suspension. If the challenge is not reviewed within 10 calendar days, it is automatically deemed upheld. The submission of a challenge does not stay the emergency suspension decision.

History

Statutory Authority: RCW 28B.30.150. WSR 25-20-053, s 504-26-409, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-409, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-409, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-409, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-409, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-415 Procedure for academic integrity violations.

WAC 504-26-415

(1) Initial hearing.

(a) When an instructor believes that an academic integrity violation has occurred, the instructor must make at least one reasonable attempt to meet with the respondent.

(b) After making at least one reasonable attempt to meet with respondent, the instructor determines responsibility using a preponderance of the evidence standard, defined in WAC 504-26-040, as to whether it is more likely than not that the respondent is responsible for an academic integrity violation as defined in WAC 504-26-202.

(c) If the instructor finds that the student is responsible for an academic integrity violation, the instructor must inform the respondent in writing that they:

(i) Are being found responsible for an academic integrity violation; and

(ii) Have the right to appeal the decision through CCS.

(d) Instructors are required to submit a report to CCS that includes:

(i) All evidence used to make the finding of responsibility;

(ii) The course syllabus and any other documentation that defines the established course expectations for academic integrity;

(iii) A copy of their communication with the student that includes the requirements outlined in (c) of this subsection;

(iv) Documentation of the reasonable attempt made to meet with the respondent before making a decision.

(e) If the instructor does not meet the reporting instructions in (c) of this subsection, CCS may refer the reported violation back to the instructor with additional instructions. The instructor must submit a new report, or they must grade the assignment as if no academic integrity violation occurred.

(2) Appeal.

(a) Time for appeals. Decisions become final on the 21st calendar day after the date the respondent is notified in writing of their right to appeal, unless an appeal is submitted within 20 calendar days of the date the decision is sent to the parties.

(b) Scope of review. The community standards board reviews all information submitted by the instructor to CCS and all information submitted by the respondent in their appeal to determine the following:

(i) Whether the communication and reporting requirements under subsection (1)(c) and (d) of this section were completed;

(ii) Whether the initial decision was based on a preponderance of the evidence standard as defined in WAC 504-26-040; and

(iii) Whether the sanction assigned by the instructor was in alignment with the published course policies and/or syllabus statement(s).

(c) Actions. After reviewing the record, as defined in (b) of this subsection, the community standards board may take the following actions:

(i) Affirm, reverse, or modify the initial decision of responsibility based upon the scope of review defined in (b) of this subsection; or

(ii) Affirm, reverse, or modify the sanction assigned by the instructor if it was more severe than outlined in the published course policies and/or syllabus statement(s); or

(iii) Reverse the sanction assigned by the instructor if the respondent is found not responsible.

(d) Outcomes. The respondent and instructor must adhere to all determinations made by the community standards board as outlined in (b) of this subsection and any other remedies assigned by the community standards board including, but not limited to, having the respondent's assignment evaluated as if no academic violation took place or changing a grade when the community standards board affirms, reverses, or modifies an initial decision.

(e) Notice of decision and right to appeal. The parties are notified, in writing, of the decision within 30 calendar days of the community standards board hearing or, upon notification in writing, within an extended total of 90 calendar days.

(i) The written decision of the community standards board, in accordance with WAC 504-26-415, is the university's final order.

(ii) Decision letters are sent to the respondent, instructor, chair, and/or dean.

(f) Content of decision. The decision includes the outcome, any remedies, and a brief statement of the reasons for the decision. The letter must advise the parties that judicial review may be available.

(3) After a finding of responsibility, either upon expiration of the appeal period or the community standards board decision, the matter is referred to CCS for sanctioning separate from, and in addition to, any academic sanctions assigned by the instructor.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-415, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-415, filed 11/19/24, effective 12/20/24
WSR 24-10-031, § 504-26-415, filed 4/23/24, effective 5/24/24
WSR 22-23-142, § 504-26-415, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-415, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-415, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-420 Appeals.

WAC 504-26-420

(1) Time for appeals. Conduct hearing decisions become final on the 21st calendar day after the date the decision is sent to the parties, unless an appeal is submitted within 20 calendar days of the date the decision is sent to the parties.

(2) Effect of appeal - Stay. Except in extraordinary circumstances, which must be explained in writing in the decision maker's initial decision, the implementation of an initial decision assigning sanctions must be stayed pending the time for filing an appeal and the issuance of the university's final order.

(3) Appeals. Upon receipt of a timely appeal of a university initial decision, CCS provides the other parties with applicable party rights, as defined in WAC 504-26-010, with a copy of the appeal and an opportunity to respond within 10 calendar days.

(a) Brief adjudication scope of review. Except as required to explain the basis of new information, appeal of a brief adjudication decision is limited to a review of the record for one or more of the following purposes:

(i) To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures; deviations from designated procedures are not a basis for sustaining an appeal unless procedural error affected the outcome of the matter;

(ii) To determine whether the decision was based on a preponderance of the evidence, meaning it is more likely than not that the standards of conduct violation occurred;

(iii) To determine whether the sanction(s) assigned were appropriate for the violation of the standards of conduct that the respondent was found to have committed;

(iv) To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original brief adjudication, because such information and/or facts were not known to the person appealing at the time of the original brief adjudication;

(v) To consider whether or not the university had jurisdiction per WAC 504-26-015 to address the situation through the community standards process; or

(vi) To consider whether the investigator(s) or decision maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(b) Full adjudicative proceeding scope of review. In addition to the criteria listed in (a) of this subsection, the appeals board members for full adjudicative proceeding appeals must make a separate and independent decision in the matter and personally consider the whole record.

The appeals board must have and exercise all the decision-making power that the decision maker had, except that the appeals board must give due regard to the decision maker's opportunity to observe the witnesses, if applicable.

(4) University's right to initiate appeal. The university president or designee, at their own initiative, may request that the appeals board review any initial order.

(5) Appeals board decisions.

(a) Actions. After reviewing the record, appeals, and responses to appeals (when applicable), the following actions may occur:

(i) Affirm, reverse, or modify the initial decision, or any part of the decision; or

(ii) Affirm, reverse, or modify the sanctions and/or remedies, or any part of the sanctions and/or remedies.

(b) In addition to the actions in (a) of this subsection, if requested by a party, the community standards board may review whether there was a procedural or policy compliance issue that could have negatively impacted the outcome of the case. If the community standards board determines there was a procedural or policy compliance issue that did negatively impact the outcome of the case, the community standards board may remand the case to a hearing of the same type. When a case is remanded, the initial decision is vacated, and it is no longer the initial decision.

(c) Content of decision. The decision includes the outcome, any sanction and/or remedy, and a brief statement of the reasons for the decision. The letter must advise the parties that judicial review may be available. For appeals of full adjudicative proceedings, the decision includes, or incorporates by reference to the presiding officer's decision, all matters as set forth in WAC 504-26-403(8).

(d) Service and effective date of decision. For appeals of brief adjudicative proceedings, the appeals board's decision must be sent simultaneously to the parties within 20 calendar days of receipt of the appeal. For appeals of full adjudicative proceedings, the appeals board's decision must be sent simultaneously to the parties within 30 calendar days of receipt of the appeal, unless the appeals board notifies the parties in writing that additional time (up to 90 calendar days) is needed. The appeals board's decision is the final order of the university, except in the case of remand, and is effective when sent.

(6) Reconsideration of final orders. Within 10 calendar days of service of a final order, any party may submit a request for reconsideration. The request must be in writing, directed to the appeals board, and must state the reasons for the request. The request for reconsideration does not stay the effective date of the final order. However, the time for filing a petition for judicial review does not commence until the date the appeals board responds to the request for reconsideration or 21 calendar days after the request has been submitted, whichever is sooner. If the appeals board does not respond to the request for reconsideration within 21 calendar days, the request is deemed to have been denied.

(7) Stay. A party may request that the university delay the date that the final order becomes effective by requesting a stay in writing to the appeals board within 10 calendar days of the date the order was served.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-420, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-420, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-420, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-420, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-420, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-425 Sanctions.

WAC 504-26-425

(1) Publication of guidelines for sanctioning. Sanctioning guidelines and other information regarding sanctioning must be published on the university website. Guidelines must explain in plain language the types of sanctions that a respondent may face for a particular violation and the factors that are used to determine the sanction(s) assigned for a particular violation.

(2) Factors for sanctioning must include, but not be limited to, the following:

(a) Conduct record. Any record of past violations of the standards of conduct, and the nature and severity of such past violations;

(b) Malicious intent. If a respondent is found to have intentionally selected a complainant based upon the respondent's perception of the complainant's race, color, religion, national or ethnic origin, age, sex/gender, marital status, status as an honorably discharged veteran or member of the military, sexual orientation, genetic information, gender identity/expression, or mental, physical, or sensory disability (including disability requiring the use of a trained service animal), such finding is considered an aggravating factor in determining a sanction for such conduct;

(d) Applicable local, state, or federal laws that define sanctioning.

(3) Effective date of sanctions. Except as provided in WAC 504-26-420(2), sanctions are implemented when a final order becomes effective. If no appeal is filed, an initial order becomes a final order on the day after the period for requesting review has expired. (See WAC 504-26-420.)

(4) Types of sanctions. The following sanctions may be assigned to any respondent found to have violated the standards of conduct. More than one of the sanctions listed below may be assigned for any single violation:

(a) Warning. A notice in writing to the respondent that the respondent is violating or has violated the standards of conduct.

(b) Probation. Formal action placing conditions upon the respondent's continued attendance, recognition, or registration at the university. Probation is for a designated period of time and warns the respondent that suspension, expulsion, loss of recognition, or any other sanction outlined in this section may be assigned if the respondent is found to have violated the standards of conduct or any institutional regulation(s) or fails to complete any conditions of probation during the probationary period. A respondent on probation is not eligible to run for or hold an office in any registered student group or organization; they are not eligible for certain jobs on campus including, but not limited to, resident advisor or orientation counselor; and they are not eligible to serve on the community standards board.

(d) Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

(e) Education. Requirement to successfully complete an educational project designed to create an awareness of the respondent's misconduct.

(f) Community service. Assignment of service hours (not to exceed 80 hours per respondent or per member of a registered student organization).

(g) University housing suspension. Separation of the respondent from a residence hall or halls for a definite period of time, after which the respondent may be eligible to return. Conditions for readmission may be specified.

(h) University housing expulsion. Permanent separation of the respondent from a residence hall or halls.

(i) University suspension. Separation of the respondent from the university for a definite period of time. The respondent may be required to request readmission after completing a suspension per other university policy.

(j) University expulsion. Permanent separation of the respondent from the university. Also referred to as university dismissal. The terms are used interchangeably throughout this chapter.

(k) Revocation of admission and/or degree. Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or other violation of law or standard of conduct in obtaining the degree or admission, or for other serious violations committed by a respondent before awarding of the degree.

(l) Withholding degree. The university may withhold awarding a degree otherwise earned until the completion of the process set forth in these standards of conduct, including the completion of all sanctions assigned, if any.

(m) Trespass. A respondent may be restricted from any or all university premises based on their misconduct.

(n) Loss of recognition. A registered student organization's recognition (or ability to register) may be withheld permanently or for a specific period of time. Loss of recognition is defined as withholding university services, privileges, or administrative approval from a registered student organization. Services, privileges, and approval to be withdrawn may include, but are not limited to, intramural sports (although individual members may participate), information technology services, university facility use and rental, student engagement office organizational activities, and their liaison relationship with the center for fraternity and sorority life.

(o) Hold on transcript and/or registration. A hold restricts release of a respondent's transcript or access to registration until satisfactory completion of conditions or sanctions assigned by a conduct officer or university conduct board. Upon proof of satisfactory completion of the conditions or sanctions, the hold is released.

(p) No contact directive. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.

(q) Fines. Previously established and published fines may be assigned. Fines are established each year prior to the beginning of the academic year and are approved by the vice provost for student affairs.

(r) Additional sanctions for hazing. In addition to other sanctions, a respondent who is found responsible for hazing forfeits any entitlement to state-funded grants, scholarships, or awards for a specified period of time, in accordance with RCW 28B.10.902. Any registered student organization that is found responsible for hazing must lose recognition for a specified period of time.

(s) Remedies. Sanctions designed to restore or preserve a complainant's equal access to the university's educational programs or activities.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-425, filed 4/20/26, effective 8/1/26
WSR 25-20-053, s 504-26-425, filed 9/25/25, effective 10/26/25
WSR 24-23-093, s 504-26-425, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-425, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-425, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-425, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-504 Interpretation—Policies, procedures, and guidelines.

WAC 504-26-504

(1) The dean of students or designee has authority to interpret these rules and develops policies, procedures, and guidelines for the administration of the university's student conduct system that are consistent with the provisions in this chapter. These must be published, at a minimum, on the university website. A link to the website must be provided to parties during their initial contact from CCS.

(2) Definitions from these standards are incorporated into UPPM 10.60.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-504, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-504, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-504, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-504, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-504, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-510 Good faith exemptions.

WAC 504-26-510

(1) Good Samaritan policy. CCS may elect not to initiate a conduct proceeding regarding alcohol or other drug violations against a student or registered student organization who, while in the course of helping another person seek medical assistance, admits to the unlawful possession or use of alcohol or drugs, provided that the possession was for personal consumption and the use did not place the health or safety of any other person at risk. In addition, CCS may elect not to initiate a conduct proceeding against a complainant who admits to the possession or use of alcohol or drugs in connection with a report under this policy.

(2) A person who witnesses hazing or has reasonable cause to believe hazing has occurred or will occur and makes a report in good faith may not be sanctioned or punished for the violation of hazing unless the person is directly engaged in the planning, directing, or act of hazing reported.

History

Statutory Authority: RCW 28B.30.150. WSR 26-09-100, s 504-26-510, filed 4/20/26, effective 8/1/26
WSR 24-23-093, s 504-26-510, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-510, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-510, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-515 Periodic review and assessment.

At the end of each academic year, CCS provides a report to the dean of students which must include, at a minimum, a numerical breakdown of the types of matters handled and the sanctions assigned. The dean of students must make the report publicly available, provided all personally identifiable or readily ascertainable student information is removed.

The standards of conduct and the student conduct system as a whole are reviewed every three years under the direction of the dean of students or designee. The student government council is asked to provide recommendations and input on proposed changes. After completion of any adjudication or other resolution of a student conduct matter, CCS must send a survey to all parties requesting feedback on the process. Feedback results must be reviewed, at a minimum, every three years in connection with the periodic review and assessment.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-515, filed 11/21/22, effective 1/1/23
WSR 21-07-057, § 504-26-515, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-515, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-520 Conduct hold on student record.

When a student leaves the university or completes course work required for a degree after an incident occurs that could result in violations of the standards of conduct, CCS may place a conduct hold on the student's record. A conduct hold may also be placed on the student's account if the student has failed to adequately complete sanctions by the proscribed timeline. A conduct hold may restrict the student from adding or dropping classes, requesting an official transcript, or receiving a degree from the university until the hold is removed. CCS must advise the student of the hold and the process for challenging the hold. A conduct hold under these circumstances is not a sanction and does not imply or assume responsibility for a violation of the standards of conduct.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-142, § 504-26-520, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-520, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-525 Good standing.

The award of a degree and/or diploma is conditioned upon the student's good standing in the university and satisfaction of all university graduation requirements. "Good standing" means the student has resolved any acts of academic or behavioral misconduct and complied with all sanctions assigned as a result of the misconduct. The university has the sole authority in determining whether to withhold the degree and/or diploma in cases where the student is not in good standing. The university must deny the award of a degree if the student is dismissed from the university based on their misconduct. Neither diplomas nor transcripts are sent until students have resolved any unpaid fees and resolved any acts of academic or behavioral misconduct and complied with all sanctions assigned as a result of misconduct. (See also academic regulation 45 in the university general catalog.)

History

Statutory Authority: RCW 28B.30.150. WSR 21-07-057, § 504-26-525, filed 3/15/21, effective 4/15/21
WSR 18-23-083, § 504-26-525, filed 11/19/18, effective 12/20/18.

Wash. Admin. Code § 504-26-530 Recordkeeping and confidentiality.

(1) Removal of conduct record. A student may request removal of a single disciplinary violation from their record. Granting such a request is discretionary, and the student must make such a request in accordance with university policies and procedures.

(2) Conduct records are maintained in accordance with the university's records retention schedule.

(3) The conduct record is confidential and is released only as authorized under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) and chapter 504-21 WAC, University policy on student education records. Situations where CCS may release records include, but are not limited to, releases:

(a) To another educational institution, upon request, where the student seeks or intends to enroll;

(b) To a parent or legal guardian, if a student under the age of 21 is found responsible for a drug or alcohol violation;

(d) To other university employees, if there is an educational need for the employee to know the information;

(e) To inform the complainant of the outcome of any conduct proceeding involving a crime of violence as defined by FERPA;

(f) To inform the complainant of the outcome of any conduct proceeding alleging dating violence, domestic violence, sexual assault, or stalking as defined by the Clery Act (34 C.F.R. 668.46 (k)(2)(v)(A)).

(4) A student may request a copy of their own conduct record at their own reasonable expense by making a written request to CCS.

(5) Personally identifiable student information is redacted to protect other students' privacy, except as otherwise required by law or permitted by policy.

(6) A student may authorize release of their own conduct record to a third party in compliance with FERPA by making a written request to CCS.

History

Statutory Authority: RCW 28B.30.150. WSR 24-23-093, s 504-26-530, filed 11/19/24, effective 12/20/24
WSR 22-23-142, § 504-26-530, filed 11/21/22, effective 1/1/23
WSR 18-23-083, § 504-26-530, filed 11/19/18, effective 12/20/18.

Chapter 504-28 Policies and regulations applying to all student organizations.

Wash. Admin. Code § 504-28-010 Student organizations.

(1) Registration.

(a) The university registers a wide variety of student organizations to facilitate the diverse interests of the student body. Attendant to registration, organizations are granted certain privileges and assume certain responsibilities as set forth in these rules. Registration in no way implies that the university plans, organizes, or sanctions any particular activity or policy of a student organization. The term registration as it applies to student organizations in this chapter has the same meaning as the terms recognized or registered as used with respect to student organizations in chapter 504-26 WAC.

(b) Pursuant to established policies, the university department responsible for student affairs makes student organization registration determinations.

(2) Membership in organizations.

(a) Full membership in student organizations is restricted to enrolled graduate and undergraduate students at Washington State University.

(b) Faculty and others may participate as honorary or associate members at the option of the organization, as specified in the organization's constitution.

(d) To serve as an elected officer of a registered student organization, a student must not be on academic or behavioral probation with the university.

(e) Washington State University does not register any student organization which directly or indirectly denies membership to any student because of race, religion, sex, color, national or ethnic origin, age, marital status, sexual orientation, gender identity/gender expression, veteran status or disability except that the permissibility of a single-sex organization is evaluated in accordance with Title IX guidelines. Registered student organizations must ensure that additional policies and procedures do not create de facto differentiation. Student organizations that select their members based on commitment to a creed or a set of beliefs (e.g., political or religious beliefs) may limit full membership and participation privileges to eligible individuals who, upon individual inquisition, affirm that they agree with the organization's beliefs and support the organization's goals; so long as no eligible individual is excluded from membership and participation on the basis of race, religion, sex, color, national or ethnic origin, age, marital status, sexual orientation, gender identity/gender expression, veteran status, or disability except that the permissibility of a single-sex organization is evaluated in accordance with Title IX guidelines.

(f) Students who believe they have been denied membership in violation of subsection (2)(e) of this section may appeal to the director of the university department responsible for student affairs.

(g) Washington State University does not register a student organization if registration would violate local, state, or federal law.

(3) Requirements and responsibilities of registered student organizations.

(a) Officers of each organization are responsible for seeing that their organization abides by university rules and regulations concerning scheduling, financial projects, advertising, and other policies applicable to their respective campus as established by the department responsible for student affairs.

(b) Registered student organizations must have an advisor (see WAC 504-28-020 Advisors).

(c) Registered student organization funds must be deposited into a registered student organization account with the university. The university financial services office assists registered student organizations in establishing accounts and processing transactions.

(d) Each registered student organization must keep the following records current with the university department responsible for student affairs:

(i) Constitution and bylaws.

(ii) Officer roster card.

(iii) Student event registration forms.

(4) Privileges of registered student organizations.

(a) Registered student organizations have the right to sponsor on-campus activities that comply with university rules, policies, and guidelines.

(b) The university department responsible for student affairs assists registered student organizations in understanding and complying with all relevant legal statutes and university rules and policies.

History

Statutory Authority: RCW 28B.30.150. WSR 22-23-141, § 504-28-010, filed 11/21/22, effective 1/1/23
WSR 09-11-070, § 504-28-010, filed 5/14/09, effective 6/14/09. Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. WSR 95-07-046, § 504-28-010, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. WSR 87-12-013 (Order 87-1), § 504-28-010, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. WSR 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-28-010, filed 6/11/80
Order 77-2, § 504-28-010, filed 8/3/77
Order 75-1, § 504-28-010, filed 7/7/75, effective 9/1/75
Order 73-5, § 504-28-010, filed 8/1/73
Order 5, § 504-28-010, filed 9/26/72
Order 3, § 504-28-010, filed 8/5/71.

Wash. Admin. Code § 504-28-020 Advisors to registered student organizations.

(1) Advisors are members of the Washington State University faculty, staff, or graduate students serving in current graduate assistantships who are chosen by the student members and whose interest in the organization indicates that they would judiciously advise the organization concerning its goals, purposes, and procedures. Advisors guide the organization in accordance with the purposes and ideals of the university and the organization. Advisors do not directly control the organization's programs and activities.

(2) Advisors assist the university department responsible for student affairs in implementing policies for student organizations.

(3) Advisor responsibilities may include the following:

(a) Attending the organization's meetings.

(b) Assisting in planning the organization's program.

(d) Assisting in arranging for university facilities and equipment.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-070, § 504-28-020, filed 5/14/09, effective 6/14/09. Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. WSR 95-07-046, § 504-28-020, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. WSR 87-12-013 (Order 87-1), § 504-28-020, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. WSR 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-28-020, filed 6/11/80
Order 77-2, § 504-28-020, filed 8/3/77
Order 5, § 504-28-020, filed 9/26/72
Order 3, § 504-28-020, filed 8/5/71.

Wash. Admin. Code § 504-28-050 Financial projects.

(1) Definition.

A financial project is any approved activity of a registered student organization which is undertaken to raise funds and/or to defray expenses. Projects may be for the benefit of organizations themselves or for charity groups.

(2) Approval.

(a) The registered student organization must obtain advice from the university department responsible for student affairs on financial projects in the following areas:

(i) Planning advice;

(ii) Advertising and publicity assistance;

(iii) Facility and equipment arrangements; and

(iv) Consumer protection.

(b) The financial projects requested and the proposed budget must be completed, approved, and filed with the university department responsible for student affairs in advance of the proposed date using the student event registration form. Forms are available at the university department responsible for student affairs.

(c) For approval, the organization must have funds on hand to cover 100 percent of the estimated expenses of a proposed financial project.

(d) Projects involving films are subject to additional student affairs policies. Copies of the policies are available in CUB scheduling and the university department responsible for student affairs.

(e) Scholarship fund projects must be administered in accordance with university policy governing such funds. Sponsoring organizations may reserve the right to select recipients and to establish the amount of grants in accordance with policies of the university and the financial aid office.

(f) Raffles are subject to state law. Registered student organizations should contact the university department responsible for student affairs for current regulations.

(g) Retail sales of student classroom books, supplies, and equipment by university departments, personnel, registered student organizations, or students on a WSU campus is prohibited.

(3) Additional requirements.

(a) Student organizations are required to comply with university facilities use rules and policies in order to use university facilities for commercial and charitable uses associated with financial projects.

(b) An organization seeking approval to sell a good or service must provide proof of ownership prior to approval.

History

Statutory Authority: RCW 28B.30.150. WSR 09-11-070, § 504-28-050, filed 5/14/09, effective 6/14/09. Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. WSR 95-07-046, § 504-28-050, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. WSR 87-12-013 (Order 87-1), § 504-28-050, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. WSR 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-28-050, filed 6/11/80
Order 75-1, § 504-28-050, filed 7/7/75, effective 9/1/75
Order 73-5, § 504-28-050, filed 8/1/73
Order 5, § 504-28-050, filed 9/26/72
Order 3, § 504-28-050, filed 8/5/71.

Chapter 504-31 Conduct on university property.

Wash. Admin. Code § 504-31-010 General policy.

It is the policy of Washington State University to support and promote each individual's right to express their views and opinions for or against actions or ideas in which the individual has an interest, to associate freely with others, and to assemble peacefully.

The above rights exist in equal measure for each member of the university community. They exist regardless of the professional stature or rank of the individual and regardless of the degree of acceptability among others of the views or opinions advocated. Everyone has an obligation to respect the rights of all members of the university community.

This rule shall be read and applied together with any other applicable university policies and rules, and in the event of a conflict more specific provisions shall take precedence. WAC 504-31-030 and applicable student or employee or both disciplinary processes apply to violations of this rule.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-029, s 504-31-010, filed 3/11/25, effective 4/11/25
WSR 13-08-033, § 504-31-010, filed 3/27/13, effective 4/27/13.

Wash. Admin. Code § 504-31-020 Prohibited conduct.

In order to assure the above rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its unique contribution to society, the following types of conduct are prohibited on or in any property owned, leased, controlled, or operated by the university that is used or set aside for university purposes (university property):

(1) Conduct that intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities;

(2) Physical abuse of any person or conduct that unlawfully threatens imminent bodily harm or endangers the health or safety of any person;

(3) Malicious damage to or malicious misuse of university property, or the property of any person when such property is located on university property;

(4) Refusal to comply with any lawful order to leave university property or any portion thereof;

(5) Possession or use of firearms, explosives (including fireworks), dangerous chemicals or other dangerous weapons or instrumentalities on university property. This prohibition does not apply to possession of such items for authorized university purposes; possession of such items by authorized law enforcement officers; individuals who have obtained prior written approval from the university chief of police, president, or designee; or lawful possession of firearms by persons other than students in privately owned vehicles while on university property;

(6) Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances on university property or during university-sponsored activities;

(7) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is advocacy that prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-029, s 504-31-020, filed 3/11/25, effective 4/11/25
WSR 21-24-027, § 504-31-020, filed 11/22/21, effective 12/23/21
WSR 13-08-033, § 504-31-020, filed 3/27/13, effective 4/27/13.

Wash. Admin. Code § 504-31-030 Notice of trespass.

WAC 504-31-030

(1) Access to university property. Any individual who is on university property must comply with university rules. Access to university property may be limited to certain times, certain uses, or certain groups of people. See also chapter 504-33 WAC. People who are on university property or within a university building without permission may be ordered to leave by any university official, university police or public safety officer, or any other police or public safety officer acting within their authority and as requested by the university.

(2) 24-hour trespass order. People who remain on university property without permission, who disrupt university activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on university property may be removed from university property or a portion thereof and given a 24-hour trespass notice by any university official, university police or public safety officer, or any other police or public safety officer acting within their authority and as requested by the university. A 24-hour trespass notice is not subject to appeal.

(3) Trespass orders for more than 24 hours. In the event a person's conduct poses a continued threat to the health, safety, or security of anyone on university property, a continuing violation of university policies or disruption of university activities, the president or president's designee, a university police officer, or a campus security officer may trespass the person from university property for up to five years, except expelled students may permanently be trespassed from university property in accordance with chapter 504-26 WAC. Any prior license or privilege to be on university property is revoked by the notice of trespass.

(4) Contents of notice. A person who is trespassed from university property for any duration is given a written notice of trespass identifying:

(a) The reason why the person is being trespassed;

(b) The duration and scope of the trespass;

(d) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW. The notice shall be delivered in the manner specified in chapter 9A.52 RCW.

(5) Students. The authority to bar current students from all or a portion of university property under this section is separate from, and in addition to, the authority to impose disciplinary sanctions pursuant to chapter 504-26 WAC. However, when a current student is to be trespassed for more than 24 hours from any area they need to perform their academic studies or work, including their assigned university housing (except as provided in the housing agreement), the individual issuing the trespass order (in accordance with subsection (3) of this section) is to contact either the dean of students, the center for community standards, the campus vice chancellor for student affairs, or all, so that the applicable student conduct process is initiated during the initial 24-hour trespass whenever possible. The student conduct process may include WAC 504-26-050 or 504-26-409. Any appeals of the trespass order are conducted in accordance with chapter 504-26 WAC.

(6) Employees. The authority to bar current employees from all or a portion of university property under this section is separate from, and in addition to, the authority to impose disciplinary sanctions pursuant to applicable employee disciplinary procedures (e.g., those in the Faculty Manual, Administrative Professional Employee Handbook, or civil service regulations). However, if an employee is trespassed from any area they need to perform their work or from all university property, the individual issuing the trespass order is to contact human resource services as soon as possible in the trespass process. The employee may be considered to be placed on home assignment or paid administrative leave by issuance of the trespass notice, and the university shall follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate. Any appeals of the trespass order are conducted pursuant to the applicable employee disciplinary process.

(7) Appeals.

(a) Current students and employees. If a current student or employee is trespassed for more than 24 hours from a portion of university property and they do not need access for their studies or work, they may appeal the decision under (b) of this subsection. Otherwise, any appeals are as provided in subsection (5) or (6) of this section. Appeal processes are referenced on the trespass notice.

(b) Nonstudents or nonemployees. Persons other than current students and employees who have been removed or trespassed from university property may appeal the decision by submitting an appeal letter stating the reasons they should not be barred from university property. The appeal should be submitted to the executive vice president for finance and administration or designee, by certified mail, within 21 days of issuance of the trespass notice. The trespass notice remains in effect during the pendency of any review period. The executive vice president for finance and administration or designee reviews all relevant information and issues a written order affirming, modifying, or revoking the trespass order within 20 days after the appeal letter is received. This decision is the university's final decision.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-029, s 504-31-030, filed 3/11/25, effective 4/11/25.

Chapter 504-33 Facility use rules for first amendment/free speech activities.

Wash. Admin. Code § 504-33-010 Title.

This chapter is known as the Washington State University facility use rules for first amendment/free speech activities.

History

Statutory Authority: RCW 28B.30.150. WSR 08-24-026, § 504-33-010, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-33-012 Use of university facilities for first amendment/free speech activities—General policy and purpose.

The university believes that freedom of expression is an indispensable quality of university life, and that active participation in political and social expression both enhances the education of the individual and contributes to the betterment of society. The university is committed to respecting and promoting the rights afforded by the first amendment to the Constitution of the United States, including the right to free speech, petition, and assembly.

The university further recognizes that it has an obligation to maintain an atmosphere that allows it to carry out its broad missions of teaching, research, and public service in the course of the normal operations of the university.

To achieve the objectives of chapter 504-33 WAC, it is essential that free expression be accomplished in a manner that allows for the orderly function of normal university operations. Thus, the purpose of the time, place, and manner regulations set forth in chapter 504-33 WAC is to promote opportunities for exercise of the rights protected by the first amendment to the Constitution of the United States on the university campus and to ensure that these activities do not interfere with the furtherance of the university's mission-related responsibilities for which the university's buildings, facilities, and grounds are dedicated by the state of Washington.

History

Statutory Authority: RCW 28B.30.150. WSR 16-11-030, § 504-33-012, filed 5/9/16, effective 6/9/16.

Wash. Admin. Code § 504-33-015 Definitions.

(1) "Nonuniversity group or individual," for the purposes of this policy, means a collection of individuals that is neither a university affiliate, a registered student organization, nor a recognized employee group. The term also includes the individual members of these groups, when acting on behalf of the group, and individuals who are not currently enrolled students, current university employees, or employees of a university affiliate.

(2) "University group or individual," for purposes of this policy, means registered student organizations as defined in WAC 504-28-010, or a recognized employee group of the university, and also encompasses the individual members of these groups when acting on behalf of the group. The term also includes individuals who are currently enrolled students or current employees.

(3) "University affiliates" or "affiliated entities" means those entities that have formal relationships with the university and also encompass those entities' officers, agents, and employees. The terms include, but are not limited to, the university foundation, the university research foundation, the office of the attorney general, the 4-H foundation, and the United States Department of Agriculture—Agricultural Research Service.

(4) "Limited public forum areas" means those areas of each campus available as places for expressive activities protected by the first amendment, subject to reasonable time, place, and manner restrictions.

At each university campus, the limited public forum areas are all university facilities, with the exception of the interior or immediate vicinity of university facilities used to support university research, academic instruction, or health services.

(5) "First amendment activities" refers to any activity protected by the first amendment to the Constitution of the United States. Such first amendment activities may include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and other types of constitutionally protected assemblies to share information, perspective, or viewpoints.

(6) "University facilities" means all buildings and grounds owned or controlled by the university and the streets, sidewalks, malls, parking lots, and roadways within the boundaries of property owned or controlled by the university.

History

Statutory Authority: RCW 28B.30.150. WSR 16-11-030, § 504-33-015, filed 5/9/16, effective 6/9/16
WSR 08-24-026, § 504-33-015, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-33-025 Procedure for providing notice of use of limited public forum area for first amendment activities.

(1) Groups and individuals may use the university's limited public forum areas for those activities protected by the first amendment to the Constitution of the United States, subject to the requirements set forth in chapter 504-33 WAC.

(2) Notice. The group or individual desiring to use a limited public forum area to engage in first amendment activities is requested to provide notice of the intended use of the desired limited public forum area as follows:

(a) At the Pullman campus, notice to the campus police.

(b) At the Spokane campus, notice to:

(i) The campus office of student affairs; and

(ii) The campus security office.

(i) The campus office of student affairs; and

(ii) The campus security office.

(d) At the Vancouver campus, notice to:

(i) The campus office of finance and operations; and

(ii) The campus police.

(3) Content of notice. The notice of use of a limited public forum area for first amendment activities is to contain:

(a) The contact information for the group or individual that will conduct the event, including group name, contact person name, address, email address, and telephone number; and

(b) The date, time, and limited public forum area to be used for the first amendment activities; and

(d) The estimated number of people expected to attend the first amendment activities, both as participants and as spectators.

History

Statutory Authority: RCW 28B.30.150. WSR 16-11-030, § 504-33-025, filed 5/9/16, effective 6/9/16
WSR 08-24-026, § 504-33-025, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-33-030 Limitations on use of limited public forum areas.

(1) The use of a limited public forum area must comply with all requirements of WAC 504-35-030.

(2) Duration of events. In order to allow for the expression of a wide range of viewpoints and to allow the utilization of university facilities for a wide range of purposes, the use of a limited public forum area for first amendment activities may not continue for longer than five calendar days from beginning to end.

(3) Distribution of materials. Signs, posters, literature, handbills, leaflets, and pamphlets may be distributed in accordance with WAC 504-34-140.

(4) The university will not provide utility connections or hook-ups.

(5) The group or individual utilizing the limited public forum area must return the limited public forum area to its original condition after the use and is responsible for the costs of cleanup and the costs to repair damages to the limited public forum area and other university property that arise from such use.

(6) The university and/or government authorities may specify reasonable additional fire, safety, sanitation, insurance, and impact-mitigating requirements for the use of the limited public forum area, and the group or individual utilizing the limited public forum area must meet those requirements.

(7) Where more than five hundred people are expected to attend an event in Martin Stadium or Beasley Coliseum, or on the days of any football or basketball game, the following restrictions apply to uses of limited public forum areas for first amendment activities:

(a) The sidewalks and other outdoor areas and streets adjacent to Martin Stadium may not be used for first amendment activities during the period beginning three hours prior to a football game or other event at Martin Stadium and ending two hours after the game or event has ended, except that sidewalks opposite Martin Stadium may continue to be used for first amendment activities during these time periods, so long as the first amendment activities do not unduly interfere with the flow of pedestrian or vehicular traffic. Where the first amendment activities are expected to include more than fifty total people as participants and spectators, the Glenn Terrell Mall may not be used for first amendment activities during these time periods.

(b) The sidewalks and other outdoor areas and streets adjacent to Beasley Coliseum may not be used for first amendment activities during the period beginning two hours prior to the start of a game or other event at Beasley Coliseum and ending two hours after the game or event has ended, except that sidewalks opposite Beasley Coliseum may continue to be used for first amendment activities during these time periods, so long as the activities do not unduly interfere with the flow of pedestrian or vehicular traffic.

History

Statutory Authority: RCW 28B.30.150. WSR 16-11-030, § 504-33-030, filed 5/9/16, effective 6/9/16
WSR 08-24-026, § 504-33-030, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-33-035 Additional limitations on use of limited public forum areas by nonuniversity groups and individuals.

Nonuniversity groups and individuals may use the university's limited public forum areas for those activities protected by the first amendment to the Constitution of the United States, subject to the requirements set forth in chapter 504-33 WAC and the following additional limitations:

(1) Nonuniversity groups and individuals may not use the interior of any university facility; and

(2) Nonuniversity groups and individuals must provide notice five business days prior to the intended use of the desired limited public forum area, in accordance with WAC 504-33-025 (2) and (3).

History

Statutory Authority: RCW 28B.30.150. WSR 16-11-030, § 504-33-035, filed 5/9/16, effective 6/9/16.

Wash. Admin. Code § 504-33-040 Policy exceptions; termination, limitation of license to use facilities.

(1) Exceptions to policy.

(a) The university president or his or her designee (as to the Pullman campus), or each chancellor of the Spokane, Tri-Cities, or Vancouver campuses or his or her designee (as to such campuses) may, but are not required to, make reasonable exceptions to the policy set forth in chapter 504-33 WAC, provided he or she determines, after reasonable inquiry, that:

(i) The use of the limited public forum area that is the subject of the exception request will not interfere with any other function occurring at the limited public forum area or result in an unreasonable disruption of normal university functions or operations; and

(ii) Adequate impact-mitigating measures related to safety or university operations can be implemented prior to the start of the use of the limited public forum area.

(b) In order to allow for adequate time for review of the request, the group or individual seeking an exception under this subsection is requested to seek such exception at least five business days' prior to the intended use of the desired limited public forum area.

(2) Termination, limitation of license. The university president or his or her designee (as to the Pullman campus), or each chancellor of the Spokane, Tri-Cities, or Vancouver campuses or his or her designee (as to such campuses), may limit, terminate, cancel, relocate, or prohibit the use of a limited public forum area for first amendment activities, if he or she determines, after reasonable inquiry, that such action is reasonably necessary to prevent or stop:

(a) Substantial harm or threat of substantial harm to the safety of persons; or

(b) Substantial damage to property; or

(3) Any determinations made under subsections (1) or (2) of this section are to be made without consideration of the content or message of the expressive activities.

History

Statutory Authority: RCW 28B.30.150. WSR 16-11-030, § 504-33-040, filed 5/9/16, effective 6/9/16
WSR 08-24-026, § 504-33-040, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-33-060 Criminal trespass.

Any person believed to be violating these regulations may be barred from campus in accordance with the procedures outlined in WAC 504-31-030.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-031, s 504-33-060, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-33-060, filed 11/24/08, effective 12/25/08.

Chapter 504-34 Washington State University posting and literature distribution regulations.

Wash. Admin. Code § 504-34-140 Signs, posters, handbills, and flyers.

The following rules apply to all users, except for the university itself.

(1) Signs, posters, placards, banners, handbills, flyers, announcements, and similar materials may be placed:

(a) Indoors:

(i) On bulletin boards that have been designated "general use" bulletin boards by the university. All other bulletin boards are reserved to the use of the university department that manages them, and only information related to university, university recognized or sponsored activities, college, or department may be posted thereon.

(ii) Bulletin boards that have been designated as general use will contain notice of that designation, together with the note as to who, if anyone, must be contacted in order to post on the board. That individual may date stamp the material, but will not deny a request to post based upon the content of the message.

(b) Outdoors:

(i) On bulletin boards designated for general use;

(ii) At the kiosks at the Pullman campus designated for general use; and

(iii) Free-standing displays may be placed on free speech areas of each campus, if the user has received the written approval of the chief administrator designated at that campus prior to posting, who may deny or defer a request to a later date based upon competing uses of the requested space, but will not deny a request based upon content. Such chief administrator is identified on the campus use committee website. The website is found by accessing the WSU website at: http://www.wsu.edu/.

(c) The overhead walkways that cross streets at the Pullman campus may be used by the university and students, including student government organizations and registered student organizations to display banners that promote a university event or an approved event sponsored by student government or a registered student organization, if the user has received the written approval of the scheduling office prior to posting, and if the banners are constructed of durable, weather-proof material, have air vents and metal grommets, and are attached to the structure with approved cable ties. Tape, rope, and/or wire are not permitted.

(2) Signs, posters, placards, banners, handbills, flyers, announcements, and similar materials may not:

(a) Be placed on, taped, glued, or otherwise affixed to walls, windows, furniture, or any interior surfaces;

(b) Be placed on, taped, glued, or otherwise affixed to trees;

(d) Be placed on, taped, glued, or otherwise affixed to walkways, floors, or sidewalks; or

(e) Be placed on, taped, glued, or otherwise affixed to vehicles while located on university owned or controlled grounds, with the exception of official university notices distributed with the approval of the department of parking services.

(3) Neither paint, chalk, nor other marker may be used on any walkway, sidewalk, floor, or on any portion of a building.

(4) The individual or group posting the sign, poster, placard, banner, handbill, flyer, announcement, or similar material must:

(a) Ensure that any document posted on a general use bulletin board or kiosk is no larger than eleven inches by seventeen inches;

(b) Not post material so that it covers other postings;

(i) Within two weeks of posting; or

(ii) Within twenty-four hours of the end of the event promoted on the material, whichever is shorter, provided that continuing service signs may be redated/stamped and reposted; and

(d) Obtain a date stamp, where required by the university department/unit responsible for a bulletin board, or clearly write the date of posting on the material.

(5) Removal of materials by university. The university retains the right to remove the following:

(a) Material that does not contain the posting date.

(b) Material that is not removed within two weeks of posting or within twenty-four hours of the end of the event, whichever is shorter.

(d) Material that is posted so that it covers other documents.

(6) Before exhibits or displays are placed on the Glenn Terrell Mall, notification must be made to the disability resource center.

(7) Literature, handbills, flyers, pamphlets, and notices.

(a) Literature, handbills, flyers, pamphlets, notices, and similar materials may be distributed to individuals in any of the university's limited public forum areas consistent with the orderly conduct of university affairs, the maintenance of university property, and the free flow of vehicular and pedestrian traffic.

(b) Efforts must be made to avoid litter when distributing these materials.

(d) Individuals or groups distributing are responsible for leaving the area clean, including picking up all discarded materials and placing them in the trash.

(e) Distribution by means of accosting, confronting, detaining, or waylaying individuals or by hawking is prohibited. Distribution by means of offering materials to passers-by who indicate a willingness to accept them is allowed.

History

Statutory Authority: RCW 28B.30.150. WSR 08-24-026, § 504-34-140, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. WSR 95-07-047, § 504-34-140, filed 3/8/95, effective 4/8/95.

Chapter 504-35 Facility use rules for other than first amendment/free speech activities.

Wash. Admin. Code § 504-35-005 Title.

This chapter is known as Washington State University facility use rules for other than first amendment/free speech activities.

History

Statutory Authority: RCW 28B.30.150. WSR 08-24-026, § 504-35-005, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-010 Use of university facilities—General policy and purpose.

Washington State University is an educational institution provided and maintained by the people of the state of Washington to carry out its broad missions of education, scholarship, and outreach. As a state agency, the university is under no obligation to make its public facilities available to the community for private purposes, and the university generally reserves its facilities, buildings, and grounds for its mission-related activities.

The university may make its facilities available at a reasonable cost for a variety of uses under the conditions set forth in these regulations if such general uses substantially relate to, and do not interfere with, university missions. RCW 42.52.160 prohibits university employees from allowing private use of university facilities for nonuniversity purposes, except in very limited circumstances. Therefore, when outside use is permitted, the university imposes costs and fees in accordance with WAC 504-35-026 unless a specific exemption applies (e.g., WAC 504-35-050(3)).

The purpose of these regulations is to establish procedures and reasonable controls for:

(1) The use of university facilities by individuals, entities, and groups that are not related to or affiliated with the university; and

(2) The use of university facilities for nonuniversity purposes.

These regulations do not apply to university use of university facilities for educational, scholarship, outreach, or other university purposes.

In reviewing conflicting requests to use university facilities, primary consideration is given to activities specifically related to the university's mission. Additionally, no use is allowed that may interfere with, or operate to the detriment of, the university's own education, scholarship, or outreach programs, or university operations. Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the facilities.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-010, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-010, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-015 First amendment/free speech activities not covered.

Use of university facilities for first amendment/free speech activities is governed by the rules set forth in chapter 504-33 WAC. This chapter does not apply to those individuals or groups seeking to use university facilities for first amendment activities.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-015, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-015, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-020 Definitions and powers.

(1) "Affiliated entities" or "university affiliates" means those entities (including those entities' officers, agents, and employees acting on behalf of the affiliate) that have formal relationship agreements (e.g., affiliation agreements or operating agreements) with the university. Affiliated entities include, but are not limited to, the university foundation and the university alumni association, the office of the attorney general, and the United States Department of Agriculture—Agricultural Research Service.

(2) "Approving authority" means a university employee or committee with authority to review, approve, or deny individual requests for use of facilities.

(a) Each university campus maintains a list of the approving authorities for those facilities that are most frequently used on a short-term basis by individuals and groups. That list is available on each campus's website and on the WSU system risk management website.

(b) Only university employees with signature authority delegated to them by the university president may sign facility use agreements.

(c) The approving authority for all long-term uses of facilities is the executive vice president for finance and administration, the university president, or designee.

(3) A "ballot proposition" means any measure, initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or of any municipal corporation, political subdivision, or other voting constituency from the time that proposition has been filed with the appropriate election officer of the constituency.

(4) A "candidate forum" means a forum where all registered candidates for a potential elected seat are invited to speak regarding their candidacy and position on issues.

(5) "First amendment activities" include, but are not limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and/or other types of constitutionally protected assemblies to share information, perspectives, or viewpoints.

(6) An "issue forum" means a forum where supporters and opponents of a ballot proposition are invited to speak on their positions regarding the ballot proposition.

(7) "Limited public forum areas" means those areas of each campus that the university has chosen to be open as places for expressive activities protected by the first amendment ("first amendment activities"), subject to reasonable time, place, or manner restrictions. The use of limited public forum areas for first amendment activities is governed by chapter 504-33 WAC. The provisions of this chapter govern the use of limited public forum areas for nonfirst amendment activities, such as student sponsored concerts or dances. Limited public forum areas are identified in WAC 504-33-015.

(8) "Long-term use" means the use of a university facility for a period of longer than five consecutive business days in any 30 calendar-day period or the use of a university facility for a period that exceeds 10 days in any 30 calendar-day period.

(9) A "measure" means any question or proposition submitted to voters.

(10) "Nonuniversity group," for the purposes of this policy, means a collection of individuals that is neither a university affiliate, a registered student organization, nor a recognized employee group. The term also includes the individual members of these groups when acting on behalf of the group, and individuals who are not currently enrolled students, current university employees, or employees of a university affiliate.

(11) "Registered student organization" means a student group or association that has officially signed up with the university pursuant to WAC 504-28-010.

(12) "Short-term use" means a use of a university facility on a daily or hourly basis, not to exceed five consecutive calendar days, or 10 calendar days in any 30 calendar-day period. Approving authorities may enter agreements authorizing sporadic use of facilities under their control for periods of up to one year, if:

(a) The agreement is signed by a university employee with signature authority;

(b) The agreement uses the template approved by the WSU system office of finance and administration for such agreements; and

(13) "University group," for purposes of this policy, means a registered student organization or a recognized employee group (an employee group created to further professional development of its members or the mission of the university) of the university and also encompasses the individual members of these groups when acting on behalf of the group. The term "also" includes individuals who are currently enrolled students or current employees.

(14) "University facilities" means all buildings and grounds owned or controlled by the university, including all campuses and locations, and the streets, sidewalks, malls, parking lots, and roadways within the boundaries of property owned or controlled by the university.

(15) "Use of facilities" includes, but is not limited to, the holding of any event or forum, the posting of signs, all forms of advertising, commercial solicitation or the conduct of other commercial activities, the distribution of pamphlets or similar written materials, and the charitable solicitation or the conduct of other charitable activities on or using university facilities.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-020, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-020, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-022 Process for requesting use of facilities for other than first amendment activities.

(1) Requests for short-term use of university facilities must be submitted to the approving authority for that facility or to the campus's designated process for routing such requests to the approving authority. A list of approving authorities for short-term uses of identified university facilities is available on each campus's website and on the WSU system risk management website.

(2) An approving authority may deny any request if they determine it is incompatible or interferes with university activities or operations, violates any of the limitations set forth in WAC 504-35-030, or if the requestor is unwilling to comply with university requirements for the use of facilities, as authorized by these rules.

(3) The approving authority must email the university's office of compliance and risk management at compliance.risk@wsu.edu at least 14 days in advance (30 days advance notice is recommended when possible), with a copy to the applicable campus safety department or police department, prior to granting a use request for any of the following scenarios:

(a) Is open to the general public or nonuniversity participants for which 100 or more attendees are anticipated;

(b) Involves amplified sound outdoors (see WAC 504-35-030(9));

(d) Involves minors;

(e) Involves airspace above a university location, except for drones and other unmanned aircraft systems (UAS), which are subject to the university's UAS policy (BPPM 50.37);

(f) Involves interaction with animals or where animals are in close proximity, except for trained service animals or service animal trainees (see WAC 504-36-020);

(g) Requires coordination with nonuniversity law enforcement, or for which campus safety or campus police recommend additional review; and

(h) Involves inherently hazardous activities, potential property damage, or for which the approving authority determines that additional risk assessment or review is warranted.

Compliance and risk management may impose conditions on the facility use and/or refer the request to the risk management advisory group (or applicable subcommittee) for review.

(4) Requests for charitable use must follow the approval process in university executive policy 45, section 3.2 (see also WAC 504-35-050).

(5) Requests for long-term use of university facilities must be directed to the executive vice president for finance and administration, the university president, or designee.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-022, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-022, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-024 Facility use agreement, insurance, and other conditions.

(1) No university facilities may be used by individuals or groups unless the facilities, including buildings, equipment, and land, have been reserved and a written facility use agreement is executed by the requestor and the university.

(2) The university may require an individual or organization to make an advance deposit, post a bond and/or obtain insurance to protect the university against cost or other liability as a condition to allowing use of any university facility.

(3) When the university grants permission to an individual or organization to use its facilities it is with the understanding and on the condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the university against any loss or damage claim arising out of such use.

(4) The university and/or government authorities may specify fire, safety, sanitation, and special regulations for the use or event. It is the responsibility of the user to obey those regulations, as well as to comply with other applicable university policies, procedures, rules, regulations, and state, local, and federal laws.

(5) When the university grants permission to an individual or organization to use its facilities, it is with the understanding and on the condition that the individual or organization is responsible to clean the facility and leave it in its original condition at the conclusion of its use or event. The facility may be subject to inspection by a representative of the university after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-024, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-024, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-026 Facility rental/use fees.

(1) The university assesses fees based upon the actual costs, direct and indirect (including, but not limited to, overhead and university staff time), of using a university facility. Fees for the short-term use of most facilities are set forth on a schedule maintained by the approving authority for that facility. The university reserves the right to make changes to fees without prior written notice, except that such fee changes do not apply to facility use agreements already approved by the university. Approving authorities may not waive or reduce established fees.

(2) In the event that the fee for the use of a particular facility has not been placed on a schedule, and if the university determines to allow the use of the facility, the university assesses a fee based upon the full cost, direct and indirect, of using the facility.

(3) Fees for the long-term use of facilities are individually negotiated between the requestor and the office of finance and administration, with the fee charged reflecting the full costs of the use, as offset by any resulting university benefit.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-026, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-026, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-030 Limitations on use.

The following limitations apply to all uses of any university facilities:

(1) University facilities may not be used in ways which obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the university, any university building or facility, or that obstruct or disrupt educational activities or other lawful activities on university grounds, university-controlled facilities, or at university sponsored events.

(2) University facilities may not be used in ways that interfere with educational, scholarship, or outreach activities inside or outside any university building or otherwise prevent the university from fulfilling its missions and achieving its primary purposes.

(3) University facilities may not be used for the purpose of campaigning regarding a ballot proposition or by, for, or against candidates who have filed for public office, except that:

(a) University departments, student government organizations, or registered student organizations may sponsor candidate forums as well as issue forums regarding ballot propositions;

(b) Candidates for office and proponents or opponents of ballot propositions may rent university facilities on a short-term basis for campaign purposes to the same extent and on the same basis as may other individuals or groups;

(c) Candidates for office and proponents or opponents of ballot propositions may use the limited public forum areas using the procedures of chapter 504-33 WAC to the same extent and on the same basis as may other individuals or groups; and

(d) A registered student organization may invite a candidate or another political speaker to one of the meetings of its membership on university property, if it has complied with the scheduling procedures of WAC 504-35-024.

(4) University facilities may not be used in ways that create safety hazards or pose unreasonable safety risks to students, employees, or invitees.

(5) University facilities may not be used for commercial purposes, including: Advertising, commercial solicitation, sales, or other activities to promote a product, except as allowed under WAC 504-35-050.

(6) University facilities may not be used in furtherance of or in connection with illegal activity.

(7) University facilities may not be used in such manner as to create a hazard or result in damage to university facilities.

(8) University facilities may not be used where such use would create undue stress on university resources (e.g., a request for a major event may be denied if another major event is already scheduled for the same time period, because of demands for parking, security coverage, etc.); except that the use of limited public forum areas for a first amendment activity may not be halted simply because the event may require additional university security or police costs.

(9) Advance permission by the approving authority is required to use audio amplifying equipment. Use of audio amplifying equipment is permitted only in locations and at times that do not interfere with the normal conduct of university affairs.

(10) Alcoholic beverages may be served only as allowed under university policies. It is the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor control board and adhere to their regulations, as well as all local ordinances, university rules, and regulations.

(11) No person may erect a tent or other shelter on university facilities or remain overnight on university facilities, including in a vehicle, trailer, tent, or other shelter, with the following exceptions:

(a) The use and occupancy of university housing in accordance with chapter 504-24 WAC;

(b) The use of facilities by a university employee or agent who remains overnight to fulfill the responsibilities of their position;

(c) The use of facilities by a university student who remains overnight to fulfill the responsibilities of their course of study;

(d) The use of facilities where overnight stays are specifically permitted in identified locations for attendees at special events designated by the university, such as staying in the RV lots during home football games, commencement, and special weekends.

(12) Signs and posters and visual displays may be placed only at those locations authorized under, and in accordance with the restrictions of WAC 504-34-140.

(13) Handbills, leaflets, pamphlets, flyers, and similar materials may be distributed only in accordance with WAC 504-34-140.

(14) Animals are not allowed in or on university facilities, except in accordance with WAC 504-36-020.

(15) Smoking and tobacco use are not allowed in or on university facilities.

(16) Mopeds, ebikes, electric scooters, Segways, skateboards, roller skates, roller blades, bicycles, and similar personal transportation devices may be used on campus only as allowed by chapters 504-13, 504-14, 504-15, and 504-19 WAC.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-030, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-030, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-050 Commercial or charitable use.

(1) University facilities may not be used for private or commercial gain including, but not limited to: Commercial advertising; solicitation and merchandising of any food, goods, wares, service, or merchandise of any nature whatsoever; or any other form of sales or promotional activity; except that commercial activity is allowable:

(a) If part of an approved corporate sponsorship or promotion in which an agreement, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in commercial activity;

(b) To the extent it represents the regular advertising, promotional, or sponsorship activities carried on, by, or in any university media, The Daily Evergreen or other campus newspaper, or at NCAA athletic events;

(c) In designated areas of each residence hall when related to the university's mission and approved by the university president or designee; and

(d) If the campus's or WSU university system's purchasing office has authorized vendor representatives to solicit university departments, colleges, or business units, and where those representatives have appropriate university identification.

(2) University facilities may not be used by faculty or staff in connection with compensated outside service, with the following exceptions:

(a) Faculty or staff may use university facilities that are generally available to the public on the same basis, including payment of the same fees, as may other private citizens; and

(b) Faculty may make private use of facilities to encourage basic and applied research and to engage in outside scholarship activities, in accordance with the provisions of the university executive policy 45 adopted pursuant to RCW 42.52.220 and 42.52.360 (or, for technology transfer activities, in accordance with the university's executive policy 27).

(3) University facilities may not be used to benefit a charitable organization, with the following exceptions:

(a) Charitable activities that have been approved by the chief compliance and risk officer, university president, or designee, in accordance with the university executive policy 45. The university may require a facility use agreement, lease, or other agreement between the university and the charitable organization or individual desiring to engage in the charitable activity, in addition to other conditions; and

(b) Student government organizations, registered student organizations, and university units that have followed university policies and procedures to conduct fund-raising or charitable activities and have adhered to all scheduling requirements and other university policies.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-050, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-050, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-070 Outdoor dances, concerts, carnivals and fairs.

Street dances, outdoor concerts, carnivals, or fairs may be held at approved locations when sponsored by student governments or registered student organizations on days and at times approved by the office delegated oversight responsibility for student government organizations and registered student organizations on each campus. Such office emails the university's office of compliance and risk management at compliance.risk@wsu.edu at least 14 days in advance (30 days advance notice is recommended when possible).

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-070, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-070, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-35-080 Parades.

Permits for parades on university streets and roads on the Pullman campus may be obtained upon approval of the university chief of police. Permits for parades on university streets and roads at the Everett, Spokane, Tri-Cities, and Vancouver campuses may be obtained upon the approval of the person identified by the specific campus, as set forth on the list of approving authorities available on each campus's website. Notification of the university's office of compliance and risk management is required in accordance with WAC 504-35-022.

Parades must be scheduled so as not to interfere with rush-hour traffic or with university events or activities.

History

Statutory Authority: RCW 28B.30.150. WSR 25-07-030, s 504-35-080, filed 3/11/25, effective 4/11/25
WSR 08-24-026, § 504-35-080, filed 11/24/08, effective 12/25/08.

Chapter 504-36 Health and safety regulations.

Wash. Admin. Code § 504-36-020 Control of animals.

This section governs the control of animals and pets on property owned or controlled by Washington State University.

(1) This section does not apply to animals owned by the university or under its care, custody, and/or control.

(2) Subsections (3) and (8) of this section do not apply to trained guide dogs or service animals that are being used by persons with disability or service animals in training permitted on property owned or controlled by the university under RCW 49.60.040, 49.60.214, and 49.60.215.

(3) Animals are not permitted in university buildings, except in facilities that are the site of university-authorized events, such as stock shows, horse shows, parades, or demonstrations at sporting events, where the animals are participants in said events, or as allowed by university housing policies.

The executive vice president for finance and administration, the president, chancellor, or such other person as the president may designate, may waive this subsection, allowing university employees to bring service animals in training to their university workplaces, provided that such animals are present on campus with trainers or handlers who have a demonstrated history of training such animals.

(4) Animals are not permitted on university property unless under immediate control of their keeper, except as otherwise allowed under this rule.

(a) "Keeper" includes an owner, handler, trainer, or any person responsible for the control of an animal.

(b) "Under control" means the restraint of an animal by means of a leash or other device that physically restrains the animal to the keeper's immediate proximity. An animal which is otherwise securely confined while in or upon any motor vehicle, including a trailer, is deemed to be under control.

Trained guide dogs or service animals and service animals in training must be harnessed, leashed, or tethered, unless these devices interfere with the animal's ability to do the work or perform the tasks for which the animal is trained or in training or the individual's disability prevents use of these devices. In that case, the keeper must maintain control of the animal through voice, signal, or use of other effective controls.

(5) The requirement that animals be under immediate control of their keeper does not apply to:

(a) A dog being exercised in any area designated by the university as leash optional;

(b) A dog undergoing training at a certified dog obedience class on the university campus and authorized by the dean of the college of veterinary medicine, the executive vice president for finance and administration, the president, chancellor, or their designee;

(d) A dog trained to aid law enforcement officers while being used for law enforcement purposes or during demonstrations to illustrate the dog's capabilities;

(e) A dog trained and under the control of a university farm manager to aid farm managers while moving or handling livestock; and

(f) An animal participating in a university-authorized event, such as a stock show, horse show, parade, extension or outreach event, or demonstrations at a sporting, teaching, or agricultural event.

(6) Any stray dog or other animal that is running loose on university property is subject to impound by local authorities in accordance with the municipal or county ordinances that apply to each campus.

(7) The keeper of any animal must remove for disposal any fecal matter deposited by the animal on university premises before the keeper leaves the area where the matter was deposited. This requirement does not apply to an individual who, by reason of disability, is unable to comply, or to individuals bringing animals to university-authorized events where arrangements have been made for the removal of fecal matter.

(8) The executive vice president for finance and administration, the president, a chancellor, a service animal administrator, or such other person as designated by the president, may designate areas on a campus otherwise open to the public as restricted from access by dogs or other animals even when under the control of their keepers for safety reasons or where the presence of dogs or other animals conflicts with the educational or research missions of the university.

History

Statutory Authority: RCW 28B.30.150. WSR 25-04-029, s 504-36-020, filed 1/28/25, effective 2/28/25
WSR 24-07-031, § 504-36-020, filed 3/12/24, effective 4/12/24
WSR 10-21-025, § 504-36-020, filed 10/11/10, effective 11/11/10
WSR 08-24-026, § 504-36-020, filed 11/24/08, effective 12/25/08
Order 77-2, § 504-36-020, filed 8/3/77
Order 3, § 504-36-020, filed 8/5/71.

Wash. Admin. Code § 504-36-030 Spectator events—Safety rules.

(1) Protection of the safety and general welfare of students, faculty and staff, performers and officials, and members of the general public attending or participating in spectator events on campus is a primary concern of Washington State University.

(2) The following rules of conduct apply to all spectator events of Washington State University. "Spectator event," for the purposes of this section, means ticketed or nonticketed athletic or entertainment events held on any portion of university property and all campuses and locations (hereafter the "event site").

(a) Behavior which in the judgment of designated university officials, as defined in subsection (4) of this section, constitutes a disruption of the event or a safety hazard for other spectators or participants is prohibited.

(b) For ticketed events, an individual is entitled to occupy only the seat for which they have the proper ticket.

(c) Photographing or making audio or visual recordings of a spectator event for commercial purposes is not permitted without specific written permission from the WSU athletic department (for athletic events) or the performer and applicable designated university official (for entertainment events).

(d) Aisles, walkways, and stairs must be kept clear of hazards and obstacles at all times to ensure safe and easy passage for all persons.

(e) All WSU campuses and locations are tobacco free.

(f) Unless otherwise expressly permitted by the specific event rules, each spectator is allowed to bring one empty disposable or nondisposable water bottle into the event site, provided that the capacity of the water bottle is no more than one and one-half liters. All other beverage containers and devices used for carrying beverage containers are prohibited.

(g) For events that have been designated by university officials as subject to the clear bag policy in subsection (3)(d) of this section, bags brought to the event site must comply with the following rules:

(i) Subject to the following exceptions, each spectator is allowed to bring only one bag into an event site. The bag must be clear (clear plastic, vinyl, or PVC) and no larger than 14 inches by eight inches by 14 inches. In addition to one clear bag as described, a spectator may bring the following, subject to additional inspection upon entrance:

(A) One small clutch bag, with or without a handle strap, that is no larger than four and one-half inches by six and one-half inches (the approximate size of a hand).

(B) An additional clear bag of the size specified above for medically necessary items.

(C) An additional clear bag of the size specified above for supplies (such as diapers, wipes, and similar items) for babies and small children.

(ii) For seated events, any bag(s) must be small enough to fit completely under the spectator's seat, where such bags must be kept.

(h) For events that have been designated by university officials as subject to the clear bag policy, prohibited bags and containers include, but are not limited to:

(i) Purses larger than a clutch bag;

(ii) Coolers;

(iii) Briefcases;

(iv) Backpacks and hydration packs;

(v) Fanny packs;

(vi) Cinch bags;

(vii) Luggage of any kind;

(viii) Computer or camera bags;

(ix) Binocular cases;

(x) Any bag that does not meet the requirements of (g) of this subsection.

(i) For events that have been designated by university officials as subject to the clear bag policy, spectators are allowed to bring personal items, e.g., keys, cellular telephones, wallet, makeup, in their pockets if they choose not to use a clear bag.

(j) The following items are prohibited in all event sites:

(i) Fireworks, weapons, explosive devices, or artificial noisemaking devices (such as airhorns);

(ii) Items deemed potentially dangerous by designated university officials;

(iii) Drones;

(iv) Laser pointers;

(v) Extension items used to hold cellular telephones or cameras in place (e.g., "selfie sticks");

(vi) Flag poles, or any items that act as an extension of an arm and have a flag or sign affixed;

(vii) Footballs, frisbees, sport balls, any kind of inflatable balls, or any other projectiles;

(viii) Umbrellas;

(ix) Seat cushions with rigid frames, unless expressly permitted by the specific event rules. Seatback cushions must:

(A) Be soft sided;

(B) Contain no pockets or zippers; and

(x) Pets or animals, except as allowed by WAC 504-36-020 or as otherwise required by state or federal law;

(xi) Food and beverages, unless expressly permitted by the specific event rules or purchased from a vendor within the event site;

(xii) Possessing and/or consuming illegal drugs or marijuana. Possession and/or consumption of alcoholic beverages is permitted subject to restrictions.

(A) Any illegal drugs, marijuana, or alcoholic beverages, except for such beverages provided in accordance with (j)(xii)(B) of this subsection, found in the possession of a spectator or otherwise found on the event site may be confiscated and delivered to the custody of designated university officials for law enforcement purposes or for disposal, as appropriate.

(B) Alcoholic beverages may be possessed, sold, served, and consumed at event sites only under a valid permit or license issued by the Washington state liquor and cannabis board. Events at which alcoholic beverages are possessed, sold, served, and consumed must comply with the restrictions imposed by the Washington state liquor and cannabis board, the restrictions and policies imposed by the university, and all applicable laws.

(3) Designated university officials, as defined in subsection (4) of this section, are authorized to act to the fullest extent of the law to enforce the prohibitions set forth in subsection (2) of this section. This includes, but is not limited to, the following:

(a) Designated university officials may perform an inspection of all items, bags, and persons entering or present at any event site.

(b) Designated university officials may use additional methods of security screening including, but not limited to, video security systems, metal detection, and other technologies, to detect the presence of prohibited items at an event site.

(c) The university chief of police/director of public safety, or designee; the director of campus safety or equivalent for locations other than Pullman, or designee; in consultation with the event sponsor, may implement a no reentry policy for any event.

(d) The clear bag policy is enforced at various venues at the discretion of university personnel and management. Exceptions may also be made depending on the venue. If a designated university official makes the determination that a given bag is prohibited, the possessor of the bag must remove the bag from the event site premises or may surrender the bag to such designated university official for disposal.

(e) When there is reasonable cause to believe that a person is violating, or is attempting to violate, the requirements identified in subsection (2) of this section, such person is denied license or privilege to enter or remain in or upon the event site premises, and designated university officials may take necessary action to deny entry or to remove such persons from the event site premises.

(f) Prohibited items found in the possession of a spectator or otherwise found on the event site are to be confiscated and delivered to the custody of designated university officials for law enforcement purposes or for disposal, as appropriate.

(g) Violation of the requirements identified in subsection (2) of this section or failure to vacate the event site premises upon request of designated university officials may result in university disciplinary action (if applicable), a no trespass order under WAC 504-35-150 (Administrative control—Trespass) barring the individual from campus, and/or subsequent legal proceedings under federal or state law and/or the Washington Administrative Code.

(4) For purposes of this section, designated university officials include the president of the university or designee, the executive vice president for finance and administration or designee, campus chancellor or designee of the campus where the event site is located, and the following officials:

(a) Director of athletics or designee for athletic events;

(b) Director of the Beasley Coliseum or designee for Beasley Coliseum events;

(d) Director of the School of Music or designee for events sponsored by that school;

(e) The WSU chief of police/director of public safety, the director of campus safety or equivalent for locations other than Pullman, or designee;

(f) Officers of the WSU police department when (i) acting at the request of any of the above-named officials to enforce university regulations, or (ii) enforcing state laws or local ordinances;

(g) Campus safety personnel, contracted or hired security personnel, and crowd management personnel when:

(i) Acting at the direction of the above-named officials or designees to enforce university regulations; or

(ii) Enforcing state laws or local ordinances.

History

Statutory Authority: RCW 28B.30.150. WSR 24-07-031, § 504-36-030, filed 3/12/24, effective 4/12/24
WSR 18-23-085, § 504-36-030, filed 11/19/18, effective 12/20/18
WSR 17-11-010, § 504-36-030, filed 5/8/17, effective 6/8/17
WSR 12-18-021, § 504-36-030, filed 8/27/12, effective 9/27/12. Statutory Authority: RCW 28B.30.125 and [28B.30.]150(1). WSR 97-20-019, § 504-36-030, filed 9/19/97, effective 9/19/97. Statutory Authority: RCW 28B.30.125 and 28B.30.150. WSR 80-07-015 (Order 80-2, Resolution 6/80-15), § 504-36-030, filed 6/11/80
Order 77-2, § 504-36-030, filed 8/3/77.

Chapter 504-37 Health and safety regulations specific to Washington State University (WSU) Vancouver.

Wash. Admin. Code § 504-37-010 Smoking and tobacco use—Authority.

Pursuant to RCW 28B.30.150(1), the Washington State University (WSU) board of regents is granted authority to establish rules and regulations for tobacco use on property owned, operated, and/or maintained by the university.

History

Statutory Authority: RCW 28B.30.150. WSR 13-24-029, § 504-37-010, filed 11/25/13, effective 12/26/13.

Wash. Admin. Code § 504-37-020 Smoking and tobacco products.

Washington State University Vancouver acknowledges the findings of the United States Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. The university further recognizes that the United States Environmental Protection Agency classifies environmental tobacco smoke as a class A carcinogen. In light of these health risks, and in support of a safe and healthy learning/working environment, WSU Vancouver establishes the restrictions in this section, WAC 504-37-010, and 504-37-030, otherwise collectively referred to as the WSU Vancouver smoking and tobacco use policy.

(1) Smoking or other tobacco usage is not permitted within the perimeter of WSU Vancouver property. Smoking materials must be extinguished and disposed of prior to entering WSU Vancouver property or exiting vehicles. Improper disposal, including spitting smokeless tobacco or discarding cigarette butts on the ground or out of a vehicle, is not permitted.

(2) The WSU Vancouver smoking and tobacco use policy applies to all students, faculty, and staff or other persons using university facilities.

(3) The WSU Vancouver smoking and tobacco use policy is not intended to impede on institutional review board (IRB) research projects. IRB-approved research projects are exempt from this policy.

(4) Definitions. For the purposes of this chapter, the terms "tobacco products" and "premises" are defined as follows:

(a) Tobacco products. Cigarettes, cigars, pipes, hookah, all forms of smokeless tobacco, electronic cigarettes, clove cigarettes and other alternative products made primarily with tobacco.

(b) Premises. All buildings, grounds, state-owned vehicles and equipment (motor pool, maintenance) including, but not limited to, parking lots, bus stops, county-owned and WSU-maintained streets or sidewalks, recreational fields and all open common areas within the WSU Vancouver campus.

(5) The sale and/or free distribution of tobacco products or tobacco-related merchandise is prohibited on university property.

(6) Sponsorship of campus events by tobacco-promoting organizations is prohibited.

(7) Advertisement of tobacco products at university events is prohibited regardless of sponsorship.

(8) Tobacco use on university property or improper disposal of smoking materials may result in disciplinary action. Employees may be subject to corrective or disciplinary action and students may be referred to the WSU Vancouver office of student conduct. Other violators may be trespassed from the WSU Vancouver campus and subject to other sanctions available to enforce the smoking and tobacco use policy.

(9) Signage: Signs declaring WSU Vancouver "tobacco-free" are to be posted at the campus entries and other conspicuous places.

History

Statutory Authority: RCW 28B.30.150. WSR 13-24-029, § 504-37-020, filed 11/25/13, effective 12/26/13.

Wash. Admin. Code § 504-37-030 Smoking and tobacco use—Communication and compliance.

(1) The enforcement of the smoking and tobacco use rules and regulations in this section, WAC 504-37-010 and 504-37-020 is the responsibility of campus public safety personnel with the assistance of all members of the WSU Vancouver community. Members of the WSU Vancouver community may notify public safety of repeat offenders and/or of disruptive behavior. The following WSU Vancouver persons and departments are responsible for ensuring that the WSU Vancouver smoking and tobacco use policy is communicated to employees, students, visitors and others in the WSU Vancouver community as indicated:

(a) Human resources regarding employees;

(b) Student affairs regarding students;

(d) Communications and scheduling offices for events with external visitors;

(e) Facilities operations for outside contractors and vendors working on campus;

(f) Public safety regarding campus visitors;

(g) Chancellor's office regarding partner institutions.

(2) Each of the above responsible persons and departments may establish procedures and protocols, consistent with each other and the WSU Vancouver smoking and tobacco use policy, designed to eliminate tobacco use from campus, increase compliance, and assist tobacco users in availing themselves of tobacco dependency treatment options.

(3) Any person who repeatedly violates the WSU Vancouver smoking and tobacco use policy may be asked to leave the premises and/or may be removed and subject to trespass admonition. Employees may be subject to corrective or disciplinary action and students may be subject to student conduct action. Public safety officers are authorized to control, and regulate facilities use as prescribed by this policy.

(4) Any person interfering with a university public safety officer in the discharge of the WSU Vancouver smoking and tobacco use policy may be in violation of WSU Vancouver policy and state law (RCW).

History

Statutory Authority: RCW 28B.30.150. WSR 13-24-029, § 504-37-030, filed 11/25/13, effective 12/26/13.

Chapter 504-38 Health and safety regulations specific to Washington State University Pullman.

Wash. Admin. Code § 504-38-010 Tobacco and nicotine use—Authority.

Pursuant to RCW 28B.30.150(1), the Washington State University (WSU) board of regents is granted authority to establish rules and regulations for tobacco and nicotine use on property owned, operated, and/or maintained by the university.

History

Statutory Authority: RCW 28B.30.150. WSR 15-24-043, § 504-38-010, filed 11/23/15, effective 8/22/16.

Wash. Admin. Code § 504-38-020 Tobacco and nicotine products.

Washington State University Pullman acknowledges the findings of the United States Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. The university further recognizes that the United States Environmental Protection Agency classifies environmental tobacco smoke as a class A carcinogen. In light of these health risks, and in support of a safe and healthy learning/working environment, WSU Pullman establishes the restrictions in this section, WAC 504-38-010, and 504-38-030, otherwise collectively referred to as the WSU Pullman tobacco and nicotine use policy.

(1) Tobacco and nicotine usage is not permitted within the perimeter of WSU Pullman property. Smoking and nicotine use materials must be secured, extinguished, and/or disposed of prior to entering WSU Pullman property or exiting private vehicles. Improper disposal, including spitting smokeless tobacco or discarding cigarette butts on the ground or out of a vehicle, is not permitted.

(2) The WSU Pullman tobacco and nicotine use policy applies to all students, faculty, and staff or other persons using university facilities.

(3) The WSU Pullman tobacco and nicotine use policy is not intended to impede on institutional review board (IRB) research projects. IRB-approved research projects are exempt from this policy.

(4) The WSU Pullman tobacco and nicotine use policy is not intended to impede on WSU tobacco and nicotine cessation programs.

(5) Definitions. For the purposes of this chapter, the terms "tobacco and nicotine use products" and "property" are defined as follows:

(a) Tobacco and nicotine use products. Cigarettes, cigars, pipes, hookah, all forms of smokeless tobacco, electronic cigarettes, nicotine inhalers, clove cigarettes, and other alternative products made primarily with or from tobacco.

(b) Property. All buildings, grounds, state-owned vehicles and equipment (motor pool, maintenance) including, but not limited to, parking lots, bus stops, county-owned and WSU-maintained streets or sidewalks, recreational fields, golf course, and all open common areas within the WSU Pullman campus. This also includes noncontiguous WSU-owned property located within the city limits of Pullman, Washington, and in Whitman County, Washington.

(6) The sale or free distribution of tobacco or nicotine products or tobacco-related merchandise is prohibited on university property.

(7) Sponsorship of campus events by tobacco or nicotine promoting organizations is prohibited.

(8) Advertisement of tobacco or nicotine products at university events is prohibited regardless of sponsorship.

(9) Tobacco or nicotine use on university property or improper disposal of smoking materials may result in disciplinary action. Employees may be subject to corrective or disciplinary action and students may be referred to the WSU Pullman office of student conduct. Other violators may be trespassed from the WSU Pullman campus and subject to other sanctions available to enforce the tobacco and nicotine use policy.

(10) Signage. Signs are to be posted at prominent locations regarding applicable restrictions.

History

Statutory Authority: RCW 28B.30.150. WSR 15-24-043, § 504-38-020, filed 11/23/15, effective 8/22/16.

Wash. Admin. Code § 504-38-030 Tobacco and nicotine use—Communication and compliance.

(1) The following WSU Pullman persons and departments are responsible for ensuring that the WSU Pullman tobacco and nicotine use policy is communicated to employees, students, visitors, and others in the WSU Pullman community as indicated:

(a) Human resources regarding employees;

(b) Student affairs regarding students;

(d) Communications and scheduling offices for events regarding their attendees, guests, and visitors;

(e) Finance and administration regarding outside contractors and vendors;

(f) President's office regarding partner institutions, its visitors, and guests;

(g) Athletics regarding their patrons, visitors, and guests.

(2) Members of the WSU Pullman community may notify public safety of repeat offenders and/or of disruptive behavior. The enforcement of the tobacco and nicotine use rules and regulations in this section, WAC 504-38-010 and 504-38-020 is the responsibility of the public safety department with the assistance of all members of the WSU Pullman community.

(3) Each of the above responsible persons and departments may establish procedures and protocols, consistent with each other and the WSU Pullman tobacco and nicotine use policy. Such procedures and protocols are to be designed to assist and encourage students and employees to enroll in tobacco and nicotine use cessation programs, comply with this policy, and to observe state smoking laws.

(4) Any person who repeatedly violates the WSU Pullman tobacco and nicotine use policy may be asked to leave the property and/or may be removed and subject to trespass admonition. Employees may be subject to corrective or disciplinary action and students may be subject to student conduct action. Public safety officers are authorized to control and regulate facilities use as prescribed by this policy.

(5) Any person interfering with a university public safety officer in the discharge of the WSU Pullman tobacco and nicotine use policy may be in violation of WSU Pullman policy and state law (RCW).

History

Statutory Authority: RCW 28B.30.150. WSR 15-24-043, § 504-38-030, filed 11/23/15, effective 8/22/16.

Chapter 504-41 Library policies, rules, and regulations.

Wash. Admin. Code § 504-41-010 General provisions.

(1) The board of regents of Washington State University (WSU) establishes the following regulations to govern the use of the Washington State University libraries. These regulations apply to all library facilities operated by the Washington State University library and govern the services, schedules, and premises of the Washington State University library.

(2) The dean of the library and his or her designee have the authority to grant exceptions to these rules with respect to library business hours, borrowing and return provisions, and fine and charges provisions.

(3) Violating WSU library regulations may subject the violator to appropriate disciplinary action by the WSU administration and/or the office of student standards and accountability.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-010, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-015 Definitions.

(1) "Borrow" means any action to obtain authorization to use the materials for a period of minutes, hours, or days. Materials on reserve or which are otherwise restricted in use to a library's premises are considered borrowed if the individual user is required to register to access the materials.

(2) "Classification" means an individual's official relationship with the university which may include, but is not limited to faculty, associate, staff, graduate student, undergraduate student, or community member.

(3) "Dean" means the administrator appointed by the university president or board of regents as the chief executive of the WSU library system.

(4) "Library" means the WSU libraries generally.

(5) "Materials" means any library document or item which the library allows patrons to borrow or access, including those accessed electronically.

(6) "Proxy" means an individual authorized to function or act as a substitute borrower for a specific faculty member, staff member, or other patron.

(7) "Recall" means an instruction to return material to the library facility or location from which it was removed or borrowed.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-015, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-020 Use of the library.

(1) The university may establish policies for the use of library facilities which may include, but are not limited to, policies on patron behavior within the facilities, food and beverage policies, policies to prevent damage or loss of books and materials, noise control policies, and use of equipment policies. The policies on use of the library facilities are posted in a conspicuous location at each library facility and on the university website.

(2) Library personnel may impose restrictions on patrons who violate library policy. Library personnel refer serious or repeat violations of library rules and policies to the appropriate authorities which may include, but are not limited to law enforcement, Washington State University administrators, and the office of student standards and accountability.

(3) Library personnel may inspect briefcases, book bags, and other containers when users leave a university library.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-020, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-025 Use of library materials.

(1) The dean adopts a schedule of borrowing periods for materials. The periods are established based on the type of materials, the classification of borrower, and the borrower's history, if any, of violations of library policies.

(2) The university may adopt a policy which establishes a system for specified users to borrow by proxy. Proxy borrowing may be limited by the borrower's classification or other factor as designated by the dean. The borrower who authorizes a proxy remains responsible for materials borrowed by the authorized proxy.

(3) The university may establish policies to restrict the use of materials to a designated location and/or to handling standards that may assist in the preservation of the materials and effective allocation of library resources.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-025, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-030 Business hours.

(1) Scheduled business hours are posted at each respective library facility. A change to business hours must be posted fourteen days before the change is effective unless the change is governed by subsection (2) of this section.

(2) The library may close on legal and university holidays. The dean or his or her designee may make temporary changes to library hours without notice. The dean or his or her designee may declare unscheduled closures. Unscheduled closures must be for good cause, which may include natural disasters, staffing, or physical plant problems.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-030, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-035 Borrower identification.

(1) The university establishes a policy to allow effective identification of each borrower, including verification of the identity of a patron borrowing materials through electronic communication with the library.

(2) An individual's valid CougarCard provides sufficient identification if presented at the circulation desk. The circulation desk may, in its discretion, allow an individual to borrow materials using his or her WSU identification number and picture identification.

(3) A patron may apply for a borrower card at the circulation desk of a WSU library. The circulation desk may request satisfactory picture identification before accepting a borrower card to identify the borrower.

(4) A patron is responsible for all materials borrowed using his or her WSU CougarCard, borrower card, or electronic verification information. A patron should notify the library or appropriate WSU authorities of the loss of a borrower card, CougarCard, or other WSU-issued identifying information.

(5) If a patron wishes to not be held responsible for the use of his or her identifying information or card because that identifying information or card was used without the patron's permission, the patron is responsible to produce sufficient documentation of the misuse to the dean or library staff member(s) authorized to evaluate such documentation.

(6) Each borrower must keep the library informed of changes of name, permanent address, email address, telephone number, and classification with WSU.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-035, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-040 Disclosure of library user identity.

Unless otherwise required by law, all library records that contain information about individual users of library services are confidential.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-040, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-045 Borrowing rules.

(1) Borrowers and library patrons must comply with posted library policies on the terms of borrowing, including requests for holding materials or placing materials on reserve.

(2) Misuse of library privileges may result in revocation of borrowing privileges by the dean or his or her designee.

(3) Materials are due on the date and hour specified at the time checked out or as adjusted by recall. If the hour is not specified, material is due at midnight on the date specified. Fines are assessed for materials returned after the designated date and/or time due. Replacement charges and a nonrefundable service charge are assessed for materials which are damaged or not returned to the library within thirty days of the date due.

(4) All materials are subject to recall at any time, and all users may be fined for failing to return recalled material.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-045, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-050 Return of materials.

(1) Reserve material must be returned directly to the unit from which it is borrowed. If it is returned elsewhere, it is considered to be returned at the time it is received at the unit from which it was borrowed. Special material may be designated for return directly to the unit from which it is borrowed.

(2) All other material is considered returned on the date it is returned to any library unit in the system and presented at the circulation desk or placed in a book drop or receptacle provided for and marked as a material's return location.

(3) Material returned to the outside book drop when the library unit is closed is considered returned as of closing time the previous day that the library was open.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-050, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-055 Fines and charges.

(1) The dean or his or her designee establishes a schedule of fines for materials not returned by the due date or time and for materials which are damaged or lost by a patron or borrower. Fines are in addition to replacement charges and repair charges, which are based on the actual cost of such replacement or repair. All patrons and borrowers are subject to the established fines and charges. The established schedule of fines and charges is available on the library web page and at the circulation desk of each library facility.

(2) Replacement charges are levied to pay for the replacement of materials more than ninety days overdue. The replacement charges include the cost of the material and the cost of processing the material for the shelves. Regardless of the amount of fines, fees, and charges that a borrower pays, all library materials remain state property.

(3) Binding, mending, and damage charges are levied to repair material, to prepare replacement materials for circulation, or to compensate for the decreased value of materials due to irreparable damage.

(4) Fines are monetary sanctions imposed for the failure to return materials to the library by the designated time or date. Materials due on a designated date must be returned before the library's close of business on that day. Materials due at a designated time are overdue if returned to the unit from which it was borrowed more than five minutes after that time.

(5) Fines, charges, and/or unpaid fees levied by the library are a debt to Washington State University. All policies and law applicable to university debts apply to the fines, charges, and unpaid fees.

(6) The library may levy reasonable charges to defray the costs incurred by the library in billing for fines, charges, and unpaid fees.

(7) The library sends all notices and invoices for fines, charges, and unpaid fees by United States first class, campus, or electronic mail. A library patron or borrower owes the fines, charges, and fees invoiced even if the patron or borrower does not receive a notice or invoice for those amounts.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-055, filed 11/22/11, effective 12/23/11.

Wash. Admin. Code § 504-41-057 Payment of fines, fees, and charges.

(1) Individuals are to remit payment of fines, fees, and charges to the WSU cashier unless the university refers the charges to a collection agency.

(2) Departmental, grant, or other funds controlled by the university may not be used to pay fines, fees, and charges.

(3) Failure to pay library fines, charges, and fees and/or failure to return library material by the end of the semester in which the materials are due may result in:

(a) Holds being placed on student records;

(b) Cancellation or blocking of registration for students;

(d) Revocation of borrowing privileges;

(e) Civil or criminal action against the borrower; or

(f) Any combination thereof.

(4) The dean or his or her designee has the right to reduce or forgive fines and charges for borrowers in accordance with guidelines established by the dean.

History

Statutory Authority: RCW 28B.30.150. WSR 11-23-136, § 504-41-057, filed 11/22/11, effective 12/23/11.

Chapter 504-43 Course materials.

Wash. Admin. Code § 504-43-010 Purpose.

The purpose of this chapter is to give students more choices for purchasing educational materials and to encourage faculty and staff to work closely with bookstores and publishers to implement the least costly option without sacrificing educational content.

History

Statutory Authority: RCW 28B.30.150. WSR 08-24-027, § 504-43-010, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-43-020 Definitions.

For the purposes of this chapter, the following words and phrases mean:

"Course materials." Any supplies or texts required or recommended by faculty or staff for a given course. Course materials may include, but are not limited to, texts, workbooks, study guides, CD-ROMs, art supplies, and other ancillary materials.

"Bundle." A group of course materials joined together by packaging or required to be purchased as an indivisible unit.

History

Statutory Authority: RCW 28B.30.150. WSR 08-24-027, § 504-43-020, filed 11/24/08, effective 12/25/08.

Wash. Admin. Code § 504-43-030 Providing cost savings to students for course materials.

(1) The affiliated bookstores for Washington State University (WSU) are incorporated as the students book corporation. The students book corporation is responsible for the following:

(a) Providing students the option of purchasing course materials that are unbundled whenever possible;

(b) Disclosing to faculty and students the retail costs of textbooks on a per book and per course basis and making such information publicly available;

(d) Actively promoting and publicizing book buy-back programs; and

(e) Disclosing to students information on required course materials including, but not limited to, title, authors, edition, price, and International Standard Book Number (ISBN) at least four weeks before the start of the class for which the materials are required. The chief academic officer may waive the disclosure requirement provided in this subsection (1)(e), on a case-by-case basis, if students may reasonably expect that nearly all information regarding course materials is available four weeks before the start of the class for which the materials are required. The requirement provided in this subsection (1)(e) does not apply if the faculty member using the course materials is hired four weeks or less before the start of class.

(2) To provide cost savings to students for course materials when educational content is comparable as determined by faculty, WSU faculty and staff members are encouraged to:

(a) Consider adopting the least expensive edition of course materials available;

(b) Consider adopting free, open textbooks when available;

History

Statutory Authority: RCW 28B.30.150. WSR 10-21-024, § 504-43-030, filed 10/11/10, effective 11/11/10
WSR 08-24-027, § 504-43-030, filed 11/24/08, effective 12/25/08.

Chapter 504-45 Public records.

Wash. Admin. Code § 504-45-010 Authority and purpose.

(1) RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.

(2) The purpose of these rules is to establish the procedures Washington State University is to follow in order to provide full access to public records. Washington State University is hereinafter referred to as the "university." Where appropriate, the term university also refers to the staff and employees of Washington State University. These rules provide information to persons wishing to request access to public records of the university and establish processes for both requestors and university staff that are designed to best assist members of the public in obtaining such access.

(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The act and these rules are interpreted in favor of disclosure. In carrying out its responsibilities under the act, the university is guided by the provisions of the act describing its purposes and interpretation.

History

Statutory Authority: RCW 28B.30.150. WSR 17-23-138, § 504-45-010, filed 11/20/17, effective 12/21/17
WSR 07-04-027, § 504-45-010, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-020 Agency description—Contact information—Public records officer.

(1) Washington State University is an institution of higher education, authority for which is located in chapter 28B.30 RCW. The system administrative offices and the main campus of the university are located at Pullman, Washington. Other campuses are located at Spokane, Tri-Cities, Vancouver, and Everett, Washington. There is also a global (online) campus. Agricultural research centers are located at Mt. Vernon, Prosser, Puyallup, Vancouver, and Wenatchee, Washington. Cooperative extension offices are maintained at the county seats of all counties in the state. The university also has operations offices at Seattle and Olympia, Washington.

(2) Any person wishing to request access to public records of the university, or seeking assistance in making such a request, should contact the university's public records office located at the Pullman administrative offices. Current contact information and additional information regarding release of public records, including costs, are available on the university's website at https://wsu.edu.

(3) The public records officer oversees compliance with the act, but another university staff member may process the request. Therefore, these rules refer to the public records officer or "designee." The public records officer or designee and the university provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the university.

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-020, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-020, filed 11/20/17, effective 12/21/17
WSR 13-24-028, § 504-45-020, filed 11/25/13, effective 12/26/13
WSR 07-04-027, § 504-45-020, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-030 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying by appointment during normal business hours of the university. For the purposes of this chapter, the normal business hours for the public records office are from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding the university's holidays and scheduled and emergency closure periods. Records must be inspected at the offices of the university.

(2) Index of records. An index of final orders, declaratory orders, interpretive statements, and policy statements entered after June 30, 1990, is available at the office of the university's rules coordinator at the Pullman campus. The university posts links to many of these records on its website at https://wsu.edu.

(3) Organization of records. The university maintains its records in a reasonably organized manner. The university takes reasonable actions to protect records from damage and disorganization. A requestor must not take university records from university offices without the permission of the public records officer or designee. Certain records are available on the university's website at https://wsu.edu. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(4) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the university should make the request in writing on the university's public records portal, using the request form on the university's website, or by letter or email addressed to the public records officer or designee. The university also honors in-person requests received by the public records office during normal business hours. The public records office records in-person verbal requests in writing and confirms the substance of the request with the requestor. The following information must be included in the request:

(i) Name of the person requesting records, unless the requestor wishes to remain anonymous;

(ii) Mailing address of requestor;

(iii) Other contact information, including telephone number and any email address;

(iv) Identification of the public records adequate for the public records officer or designee to locate the records; and

(v) The date of the request.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, they should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to RCW 42.56.120, standard photocopies or electronically produced copies are provided at the rates established in WAC 504-45-070. A requestor may also refer to the university's website at https://wsu.edu for current rates.

(c) A form is available for use by requestors at the public records office and on the university's website at https://wsu.edu.

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-030, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-030, filed 11/20/17, effective 12/21/17
WSR 13-24-028, § 504-45-030, filed 11/25/13, effective 12/26/13
WSR 07-04-027, § 504-45-030, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-040 Processing of public records requests—General.

(1) Providing "fullest assistance." The university is charged by statute with adopting rules which provide for how it is to "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with the essential functions of the agency," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee processes requests in the order allowing the most requests to be processed in the most efficient manner. This may include grouping requests to help ensure university resources are being used efficiently, for example, when an individual requestor, or one or more requestors from the same organization, makes multiple records requests.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer or designee does one or more of the following:

(a) Makes the records available for inspection or copying;

(b) If copies are requested and payment for the copies, if any, is made or terms of payment are agreed upon, sends the copies to the requestor;

(d) If the request is unclear or does not sufficiently identify the requested records, requests clarification from the requestor. Such clarification may be requested and provided by telephone, email, or mail. Based upon that clarification, the public records officer or designee may revise the estimate of when records will be available; or

(e) Denies the request.

(3) Consequences of failure to respond. If the university does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer or designee to determine the reason for the failure to respond.

(4) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer or designee may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask them to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons includes a copy of the request.

(5) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the university believes that a record is exempt from disclosure and should be withheld, the public records officer or designee states the specific exemption and provides a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer or designee redacts the exempt portions, provides the nonexempt portions, and indicates to the requestor why portions of the record are being redacted.

(6) Inspection of records.

(a) Consistent with other demands, the university must promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor must indicate which documents they wish the university to copy.

(b) The requestor must claim or review the assembled records within 30 days of the university's notification to them that the records are available for inspection or copying. The university notifies the requestor in writing of this requirement and informs the requestor that they should contact the university to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the university may close the request. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(7) Providing copies of records. After inspection is complete, the public records officer or designee makes any copies of records requested by the requestor or arranges for copying.

(8) Providing records in installments. When the request is for a large number of records, the public records officer or designee provides access for inspection and copying in installments, if they reasonably determine that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(9) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee indicates that the university has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

(10) Closing withdrawn or abandoned request. The public records officer or designee may close the request and indicate to the requestor that the university has closed the request when the requestor:

(a) Withdraws the request;

(b) Fails to provide clarification within 30 days of a request for clarification;

(c) Fails to fulfill their obligations to inspect the records, which includes opening and downloading the records within 30 days; or

(d) Fails to pay the deposit or final payment for the requested copies within 30 days.

(11) Later discovered documents. If, after the university has informed the requestor that it has provided all available records, the university becomes aware of additional responsive documents existing at the time of the request, it must promptly inform the requestor of the additional documents and make them available for inspection or provide copies upon payment on an expedited basis.

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-040, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-040, filed 11/20/17, effective 12/21/17
WSR 13-24-028, § 504-45-040, filed 11/25/13, effective 12/26/13
WSR 07-04-027, § 504-45-040, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-050 Processing of public records requests—Electronic records.

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records.

(2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer or designee provides the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record.

(3) Customized access to databases. With the consent of the requestor, the university may provide customized access under RCW 43.105.355 if the record is not reasonably locatable or not reasonably translatable into the format requested. The university may charge a fee consistent with RCW 43.105.355 for such customized access. (See WAC 504-45-070.)

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-050, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-050, filed 11/20/17, effective 12/21/17
WSR 13-24-028, § 504-45-050, filed 11/25/13, effective 12/26/13
WSR 07-04-027, § 504-45-050, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-060 Exemptions.

(1) The Public Records Act provides that a number of types of records are exempt from public inspection and copying. In addition, records are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some records held by the university for inspection and copying. This is not an exhaustive list as numerous exemptions exist outside the act. The university's failure to list an exemption here does not affect the efficacy of any exemption.

(a) RCW 5.60.060 - Privileged communications;

(b) 20 U.S.C. 1232g - Family Education Rights and Privacy Act (FERPA);

(d) 45 C.F.R. parts 106 and 164 - Health Insurance Portability and Accountability Act of 1996 (HIPAA);

(e) Chapter 19.108 RCW and RCW 4.24.601 - Uniform Trade Secrets Act; and

(f) Chapter 10.97 RCW - Regarding criminal history information.

(2) The university is prohibited by statute from providing lists of individuals for commercial purposes.

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-060, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-060, filed 11/20/17, effective 12/21/17
WSR 07-04-027, § 504-45-060, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-070 Costs of providing public records.

(1) Costs for public records. There is no fee for inspecting public records. The following fees apply to copies of public records:

(a) Ten cents per page for records scanned into electronic format;

(b) Five cents for every four electronic files or attachments uploaded to an email, cloud storage service, or other electronic delivery system;

(d) Fifteen cents per page for photocopies of public records and/or printed copies of electronic public records when requested;

(e) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge;

(f) For body worn camera footage, staff redaction time as provided in RCW 42.56.240 (14)(f); and

(g) Under RCW 42.56.130, the university may charge other copy fees authorized by statutes outside chapter 42.56 RCW.

(2) In addition to the charge imposed for providing public records and for the use by any person of university equipment, the university may include a customized service charge. The university charges for customized services pursuant to RCW 42.56.120(3). The customized service charge may reimburse the university up to the actual cost of providing the services in this section. The university provides the requestor the opportunity to amend their request in order to avoid or reduce the cost of a customized service charge. The university may require a deposit in an amount not to exceed 10 percent of the estimated cost of providing records for a request, or 10 percent of the estimated cost of staff redaction time for body worn camera footage, including a customized service charge. If the university makes a request available on a partial or installment basis, the university may charge for each part of the request as it is provided.

(3) Payment. Payment may be made by credit or debit card, cash, check, or money order to the university. For payments made by credit or debit card, a service fee equivalent to the cost of processing the payment is charged.

(a) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The university notifies the requestor of when payment is due.

(b) The university closes a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

(4) Pursuant to RCW 42.56.120(2), the university declares that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records for the following reasons:

(a) Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs; and

(5) The university's public records office publishes a schedule of fees on the university's website consistent with this rule. The university reserves the right to change its fees as allowed by RCW 42.56.120.

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-070, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-070, filed 11/20/17, effective 12/21/17
WSR 13-24-028, § 504-45-070, filed 11/25/13, effective 12/26/13
WSR 07-04-027, § 504-45-070, filed 1/29/07, effective 3/1/07.

Wash. Admin. Code § 504-45-080 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition must include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer immediately refers the petition to their supervisor, or a designee in the supervisor's absence, who considers the petition and either affirms or reverses such denial within two business days following the university's receipt of the petition, or within such other time as the university and the requestor mutually agree.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the university denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Any person may request court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 28B.30.150. WSR 23-19-061, § 504-45-080, filed 9/18/23, effective 10/19/23
WSR 17-23-138, § 504-45-080, filed 11/20/17, effective 12/21/17
WSR 08-08-055, § 504-45-080, filed 3/27/08, effective 4/27/08
WSR 07-04-027, § 504-45-080, filed 1/29/07, effective 3/1/07.

Chapter 504-48 State Environmental Policy Act rules.

Wash. Admin. Code § 504-48-005 Authority.

Washington State University adopts these procedures under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.

History

Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-005, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-015 Adoption by reference.

The university hereby adopts by reference the 1984 SEPA rules, chapter 197-11 of the Washington Administrative Code, and any amendments thereto, except as follows:

WAC

| 197-11-010 | Authority. | | --- | --- | | 197-11-020 | Purpose. | | 197-11-030 | Policy. | | 197-11-810 | Exemptions and nonexemptions applicable to specific state agencies. | | 197-11-820 | Department of licensing. | | 197-11-825 | Department of labor and industries. | | 197-11-830 | Department of natural resources. | | 197-11-835 | Department of fisheries. | | 197-11-840 | Department of game. | | 197-11-845 | Department of social and health services. | | 197-11-850 | Department of agriculture. | | 197-11-855 | Department of ecology. | | 197-11-860 | Department of transportation. | | 197-11-865 | Utilities and transportation commission. | | 197-11-870 | Department of commerce and economic development. | | 197-11-875 | Other agencies. | | 197-11-906 | Content and consistency of agency procedures. | | 197-11-910 | Designation of responsible official. | | 197-11-912 | Procedures on consulted agencies. | | 197-11-917 | Relationship to chapter 197-10 WAC. | | 197-11-950 | Severability. | | 197-11-955 | Effective date. |

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-084, § 504-48-015, filed 5/17/10, effective 7/16/10. Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-015, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-020 Required methods of public notice.

When these rules require notice to be given under WAC 197-11-510, the university shall:

(1) Provide notice in such form as a press release or advertisement in a newspaper of general circulation in the county, city or general area that the proposal is located; and

(2) In the case of site-specific project proposals, post a notice on the proposed site.

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-084, § 504-48-020, filed 5/17/10, effective 7/16/10. Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-020, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-030 University compliance with flexible thresholds.

The university will use the flexible thresholds established by the particular jurisdiction in which a university project is located.

History

Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-030, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-040 Emergencies.

Actions that must be undertaken immediately or within a time too short to allow full compliance with these rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter. Such actions include, but are not limited to, the following:

(1) Emergency pollution control actions responding to accidental discharges, leaks or spills into the air, state waters, or on land.

(2) Implementation of a change in waste disposal procedures caused by unanticipated changes in waste sources which are in compliance with federal and state regulations and standards.

(3) Cleanup or decontamination of academic and research facilities or equipment accidentally exposed or contaminated, to permit maintenance, repair or relocation, when the procedures followed are in accordance with federal or state guidelines, recommendations, or standards.

(4) Emergency actions implemented to reduce an imminent hazard to the health and safety of an element of the university resulting from structural failure, equipment malfunction, human error, or natural event.

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-084, § 504-48-040, filed 5/17/10, effective 7/16/10. Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-040, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-050 Designation of responsible official.

The responsible agency official is the vice president, or equivalent, with supervision of the project(s), or his or her designee.

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-084, § 504-48-050, filed 5/17/10, effective 7/16/10. Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-050, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-060 Procedures of consulted agencies.

The responsible officer designated in WAC 504-48-050 shall be responsible for coordinating, receiving, and reviewing comments and requests for information from agencies regarding threshold determinations, scoping, EIS's, and supplemental EIS's.

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-084, § 504-48-060, filed 5/17/10, effective 7/16/10. Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-060, filed 10/19/90, effective 11/19/90.

Wash. Admin. Code § 504-48-065 Administrative appeal.

There is no administrative appeal of any university determination relating to SEPA. Any appeal must be a judicial appeal under WAC 197-11-680(4).

History

Statutory Authority: RCW 28B.30.150. WSR 10-11-084, § 504-48-065, filed 5/17/10, effective 7/16/10.

Wash. Admin. Code § 504-48-070 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

History

Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. WSR 90-21-093 (Order 90-3), § 504-48-070, filed 10/19/90, effective 11/19/90.

Chapter 504-49 Renewable energy system incentive program.

Wash. Admin. Code § 504-49-010 Introduction.

(1) The rules in this chapter explain the renewable energy system incentive program, which is administered by the Washington State University energy program (hereinafter referred to as "energy program"). It is the legislature's intent to provide the incentives as described in RCW 82.16.130 in order to ensure the sustainable job growth and vitality of the state's renewable energy sector. The purpose of the incentive is to reduce the costs associated with installing and operating renewable energy systems by persons or entities receiving the incentive. This incentive program authorizes an incentive payment based on electricity generated by renewable energy systems located in Washington state. Qualified renewable energy systems include:

(a) Solar energy systems;

(b) Wind generators; and

(c) Certain types of anaerobic digesters that process manure from livestock into biogas and dried manure using microorganisms in a closed oxygen-free container, in which the biogas (such as methane) fuels a generator that generates electricity.

(2) The rules in this chapter are divided into seven parts based on subject matter, as follows:

(a) Part I: Definitions;

(b) Part II: Participation and application requirements, and incentive levels by project type;

(d) Part IV: General topics;

(e) Part V: Manufactured in Washington state;

(f) Part VI: Application process for currently certified renewable energy systems in the cost recovery incentive program; and

(g) Part VII: Appeals rights.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-010, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-100 Overview.

The definitions in Part I of this chapter (this section and WAC 504-49-103 through 504-49-195) apply throughout this chapter unless the context clearly requires otherwise.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-100, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-103 Administrator.

The term "administrator" has the following two meanings in this chapter:

(1) For purposes of a shared commercial solar project, the administrator is a utility or a business under contract with a utility which administers a shared commercial solar project that meets the eligibility requirements specified in this chapter. The administrator applies for certification on behalf of each of the project participants. In addition, the administrator performs administrative tasks on behalf of the owners as may be necessary, such as:

(a) Receiving the renewable energy incentive payments;

(b) Allocating and paying appropriate amounts of such payments to owners; and

(2) For purposes of a community solar project as defined in WAC 504-49-120, the administrator is the utility, nonprofit, or local housing authority (as defined in RCW 35.82.020) that organizes and administers the community solar project. The administrator is responsible for applying for the renewable energy system incentive on behalf of the system's owners. In addition, the administrator performs administrative tasks on behalf of the owners as may be necessary, such as:

(a) Receiving the renewable energy incentive payments;

(b) Allocating and paying appropriate amounts of such payments to owners; and

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-103, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-105 Caps and limits.

"Caps and limits" are defined as follows:

(1) "Annual incentive limits" means the annual limits on total incentives paid per person, business, or household for a given fiscal year of electricity generation from the four project types described in chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939). Each incentive recipient may qualify for payments up to the incentive cap within each project type. However, incentive recipients who have multiple projects within one project type are subject to the cap for the applicable project type. These caps are as follows:

(a) Residential-scale systems: Five thousand dollars;

(b) Commercial-scale systems: Twenty-five thousand dollars;

(c) Shared commercial solar projects: Up to thirty-five thousand dollars per year per project participant, as determined by the terms specified in chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939); and

(d) Community solar projects: Five thousand dollars per project participant.

(2) "Utility credit cap" means that the maximum annual incentives paid by an electrical utility may not exceed one and one-half percent of the businesses' taxable power sales generated in calendar year 2014 and due under RCW 82.16.020 (1)(b) or two hundred fifty thousand dollars, whichever is greater, up to the utility's public utility tax liability.

(3) "Project type cap" has the following two meanings in this chapter:

(a) For commercial-scale systems, the project type cap is twenty-five percent of the remaining funds for credit available to a utility as of July 1, 2017; and

(b) For community solar and shared commercial solar projects combined, the project type cap is fifty percent of the remaining funds for credit available to a utility as of July 1, 2017.

(4) "Incentive rate limit" for shared commercial solar project participants means that the incentive rate must not exceed the difference between the levelized cost of energy output and the participant's retail rate.

(5) "Total program limit" means that the total incentive payments made under this program (in this chapter) may not exceed one hundred ten million dollars.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-105, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-108 Certification.

"Certification" means the authorization issued by the energy program establishing a system's eligibility and the eligibility of a person, business, or household to receive annual incentive payments from the serving utility for the incentive program term.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-108, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-110 Commercial-scale system.

"Commercial-scale system" means a renewable energy system or system other than a community solar project or a shared commercial solar project with a direct current combined nameplate capacity greater than twelve kilowatts that meets the applicable system eligibility requirements established in section 6, chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939).

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-110, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-115 Community solar project.

"Community solar project" means a solar energy system that:

(1) Has a nameplate generating capacity that is no larger than one thousand kilowatts direct current;

(2) Must have at least ten participants or one participant for every ten kilowatts direct current nameplate capacity, whichever is greater; and

(3) Meets the applicable eligibility requirements established in sections 6 and 7, chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939).

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-115, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-120 Consumer-owned utility.

"Consumer-owned utility" has the same meaning as in RCW 19.280.020.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-120, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-125 Customer-owner.

"Customer-owner" means the owner of a residential-scale or commercial-scale renewable energy system, where such owner:

(1) Is not a utility;

(2) Is the primary account holder of the utility account; and

(3) Either owns or occupies the premises where the renewable energy system is installed.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-125, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-130 Direct current.

"Direct current" means the unidirectional flow of electric charge.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-130, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-135 Electric utility or utility.

"Electric utility" or "utility" means a consumer-owned utility or investor-owned utility as those terms are defined in RCW 19.280.020.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-135, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-140 Fiscal year.

"Fiscal year" means July 1st through June 30th of the following year for the purposes of this rule. For example, fiscal year 2018 goes from July 1, 2017, through June 30, 2018.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-140, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-145 Nonprofit organization.

"Nonprofit organization" means an organization exempt from taxation under 26 U.S.C. Sec. 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, as of January 1, 2009.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-145, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-150 Person, business, and household.

"Person, business, and household" means any individual, firm, partnership, corporation, company, association, agency, or any other legal entity that resides on a property or has a business located on a property within the service area of the utility where the renewable energy system is located.

(1) No person, business, or household is eligible to receive incentive payments provided under section 1, chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939) of more than:

(a) Five thousand dollars per year for residential-scale systems or community solar projects;

(b) Twenty-five thousand dollars per year for commercial-scale systems; or

(2) Example: Two or more individuals living together in one household, with one customer account with the participating utility, constitutes a household. Although they may each individually participate in this incentive program, these same individuals living together in one household receive incentives in accordance with this chapter.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-150, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-155 Program term.

"Program term" means eight years, or until cumulative incentive payments for electricity produced by the project reach fifty percent of the total system price, including applicable sales tax, whichever occurs first. Eight years is equivalent to ninety-six months of electricity generation from the time of certification.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-155, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-160 Project participant.

"Project participant" has the two following meanings:

(1) For purposes of community solar projects, a utility customer who participates in a community solar project in order to obtain a beneficial interest. Eligible participants of a community solar project that are business entities, such as a limited liability company or a corporation, are analyzed for participant eligibility and applicable incentive caps and limits by looking through the business entity to the members or stockholders that own the business entity.

(2) For purposes of shared commercial solar projects, a customer of a utility and located in the state of Washington.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-160, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-165 Renewable energy system.

"Renewable energy system" means a grid-connected:

(1) Solar energy system;

(2) Anaerobic digester as defined in RCW 82.08.900; or

(3) Wind generator.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-165, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-170 Residential-scale system.

"Residential-scale system" means a renewable energy system or systems located at a single situs with combined nameplate capacity of twelve kilowatts direct current or less that meets the applicable system eligibility requirements established in section 6, chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939).

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-170, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-175 Shared commercial solar project.

"Shared commercial solar project" means a solar energy system, owned or administered by an electric utility, which:

(1) Has a combined nameplate capacity of greater than one megawatt direct current and not more than five megawatts direct current;

(2) Has at least five participants; and

(3) Meets the applicable eligibility requirements established in sections 6 and 8, chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939).

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-175, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-180 Solar energy system.

"Solar energy system" means any device or combination of devices or elements that rely on direct sunlight as an energy source for use in the generation of electricity.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-180, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-185 Solar inverter.

"Solar inverter" means the device used to convert direct current to alternating current in a solar energy system.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-185, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-190 Solar module.

"Solar module" means the smallest nondivisible, self-contained physical structure housing interconnected photovoltaic cells and providing a single direct current electrical output.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-190, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-195 Total system price.

(1) "Total system price" includes only the renewable energy system components and fees that are integral and necessary for the generation of electricity. Components and fees include:

(a) Renewable energy system equipment (depends on system type):

(i) Solar energy system: Solar modules, inverter(s);

(ii) Wind generator: Turbine(s), tower(s), inverter(s);

(iii) Anaerobic digester: Digester/reactor, electrical generator.

(b) Balance of system (such as racking, wiring, switch gear, meter base);

(c) Nonhardware costs incurred up to the date of the final electrical inspection (such as fees associated with engineering, permitting, interconnection, application);

(d) Labor;

(e) Sales tax (as applicable).

(2) Total system price does not include structures and fixtures that are not integral and necessary to the generation of electricity, such as carports, roofing, and energy storage.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-195, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-200 Participation by a utility in the renewable energy system incentive program is voluntary.

(1) A utility electing to participate in the incentive program must notify the energy program of such election in writing.

(2) The utility may terminate its voluntary participation in the incentive program by providing notice in writing to the energy program to cease issuing new certifications for renewable energy systems that would be served by that utility.

(3) Such notice of termination of participation is effective after fifteen days, at which point the energy program may not accept new applications for certification of renewable energy systems that would be served by that utility.

(4) Upon receiving a utility's notice of termination of participation in the incentive program, the energy program must report on its website that customers of that utility are no longer eligible to receive new certifications under the incentive program.

(5) A utility's termination of participation does not affect the utility's obligation to continue to make annual incentive payments for electricity generated by systems that were certified prior to the effective date of the notice. The energy program must continue to process and issue certifications for renewable energy systems that were received by the energy program before the effective date of the notice of termination.

(6) A utility that has terminated participation in the program may resume participation upon filing notice with the energy program.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-200, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-205 Certification restrictions.

No new certification may be issued under this chapter for a system which an applicant received notice of eligibility from the department of revenue under the cost recovery program (RCW 82.16.120), or for a renewable energy system served by a utility that has elected not to participate in the incentive program, as provided in WAC 504-49-200.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-205, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-210 Renewable energy project requirements.

Any person, business, or household, as defined in WAC 504-49-150, that participates in any of the four types of renewable energy projects defined in sections 5 through 8, chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939), must meet the specified participation requirements and is subject to the system capacity limits, application requirements, and incentive limits, as follows:

(1) Residential-scale:

(a) Participation: The participant must be an owner of a residential-scale renewable energy system that is not a utility and:

(i) Is a customer of the utility that serves that location and has established an interconnection agreement with the utility for the renewable energy system; and

(ii) Either owns or occupies the premises where the renewable energy system is installed.

(b) Capacity: Twelve kilowatts direct current or less, combined:

(i) Example 1: A property with a six kilowatts direct current solar system on one structure and a five kilowatts direct current system on the same or separate structure qualifies for the residential-scale incentive rate because the total capacity is less than twelve kilowatts direct current, combined.

(ii) Example 2: A property with a six kilowatts direct current solar system on one structure and a seven kilowatts direct current system on the same or separate structure does not qualify for the residential-scale incentive rate because the total capacity is greater than twelve kilowatts direct current, combined. This combined system instead qualifies for the commercial-scale incentive rate.

(iii) Example 3: A property with a twelve kilowatt direct current solar system, production metered and applying for the incentive, and any additional direct current system, production metered or not, and not applying for the incentive, on the same or separate structure, does not qualify for the residential-scale incentive rate because the combined capacity is greater than twelve kilowatts direct current. This combined system instead qualifies for the commercial-scale incentive rate.

(iv) In the case of multiple renewable energy systems on a structure such as a condominium or commercial building, each having a separate customer-owner and separate utility and production meters, each system, if under twelve kilowatts direct current, would qualify for the residential-scale rate.

(c) Application: The owner submits a completed application to the energy program for certification per requirements specified in WAC 504-49-220.

(d) Annual incentive limit: Five thousand dollars per person, business, or household.

(2) Commercial-scale:

(a) Participation: The participant must be an owner of a commercial-scale renewable energy system that is not a utility and:

(i) Is a customer of the utility that serves that location and has established an interconnection agreement with the utility for the renewable energy system; and

(ii) Either owns or occupies the premises where the renewable energy system is installed.

(b) Capacity: Greater than twelve kilowatts direct current, combined.

(i) Example 1: A property with a six kilowatts direct current solar system on one structure and a seven kilowatts direct current system on the same or separate structure qualifies for the commercial-scale incentive rate because the total capacity is greater than twelve kilowatts direct current, combined.

(ii) Example 2: A property with a six kilowatts direct current solar system on one structure and a five kilowatts direct current system on the same or separate structure qualifies for the residential-scale incentive rate because the total capacity is less than twelve kilowatts direct current, combined.

(c) Application: The owner submits a completed application to the energy program for certification per requirements specified in WAC 504-49-220.

(d) Annual incentive limit: Twenty-five thousand dollars per person, business, or household.

(3) Shared commercial solar:

(a) Administration: Administrators of this project type must be a utility or a business under contract with a utility;

(b) Participation: Projects must have at least five project participants, each of which is a customer of the utility and located in the state of Washington;

(c) Capacity: Combined nameplate capacity greater than one megawatt direct current and not more than five megawatts direct current;

(d) Application:

(i) Precertification. Prior to applying for certification, a shared commercial solar administrator must apply for precertification against the remaining funds available for incentive payments as of July 1, 2017. Precertification application requirements include, but are not limited to:

(A) The name of the utility serving the project location;

(B) Contact information for the project administrator and technical management personnel; and

(C) System information, including system component details and operation data such as global positioning system coordinates, tilt, estimated shading, and azimuth, as applicable;

(D) Additional information regarding deployment of projects in low- and moderate-income communities, as those terms are defined in RCW 43.63A.510, as requested.

(ii) Certification. The application for certification may not exceed the precertified system capacity. An application for certification must be completed by the shared commercial solar project administrator and approved by the energy program within one year of precertification issuance. Extensions past the three hundred sixty-five-day period are not granted. Projects that do not meet this deadline lose precertification status.

(e) Incentive rate: The incentive rate is set at the date of precertification approval;

(f) Annual incentive limit: Thirty-five thousand dollars per participant (person, business, household), consistent with their share of participation.

(4) Community solar project:

(a) Administration: A utility, nonprofit, or local housing authority that organizes or administers a solar project;

(b) Participation: The project must have at least ten participants, or one participant for every ten kilowatts direct current nameplate capacity, whichever is greater; and all participants must be customers of the participating utility;

(d) There are no limitations on location unless stated in this section: Community solar project systems must be located in the state of Washington;

(e) Application:

(i) Precertification. Prior to applying for certification, a community solar project administrator must apply for precertification against the remaining funds available for incentive payments as of July 1, 2017. Precertification application requirements include, but are not limited to:

(A) The name of the utility serving the project location;

(B) Contact information for the project administrator and technical management personnel; and

(C) System information, including system component details and operation data such as global positioning system coordinates, tilt, estimated shading, and azimuth, as applicable.

(ii) Certification. The application for certification may not exceed the precertified system capacity. An application for certification must be completed by the community solar project administrator and approved by the energy program within one year of precertification issuance. Extensions past the three hundred sixty-five-day period are not granted. Projects that do not meet this deadline lose precertification status.

(f) Incentive rate: The incentive rate is set at the date of precertification approval;

(g) Annual incentive limit: Five thousand dollars per participant (person, business, household), consistent with their share of participation.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-210, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-215 Department of revenue-certified renewable energy systems.

To continue to be eligible to receive incentive payments under the renewable energy system cost recovery program (as described in WAC 458-20-273), the applicants (as defined in WAC 458-20-273) with the department of revenue certification must reapply with the energy program. This reapplication process is described in Part VI of this chapter and must be completed by April 30, 2018.

(1) Participation: Only applicants with renewable energy systems previously certified by the department of revenue may reapply for continued incentives.

(2) Application: Submit a completed reapplication to the energy program for certification in accordance with the requirements specified in Part VI of this chapter. For community solar projects, also submit a list of participants in the project.

(3) Annual incentive limit: Five thousand dollars per individual, household, business, or local governmental entity.

(4) Deadline: Reapplications must be submitted by April 30, 2018.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-215, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-220 Requirements to apply for certification—Residential-scale and commercial-scale projects.

The application must contain, but is not limited to, the following information; additional requirements are specified in WAC 504-49-210.

(1) The name and address of the customer-owner and location of the renewable energy system.

(2) System information, including system component details and operation data such as global positioning system coordinates, tilt, estimated shading, and azimuth, as applicable.

(3) An executed interconnection agreement with the serving utility.

(4) The date and supporting documentation verifying that the local jurisdiction issued its final electrical inspection of the renewable energy system.

(5) Documentation, including final sales invoice, and details of the total system price as defined in WAC 504-49-195.

(6) A signed statement that the applicant understands that this information is true, complete, and correct to the best of applicant's knowledge and belief under penalty of perjury.

(7) A signed statement that the applicant has not previously received a notice of eligibility from the department of revenue under RCW 82.16.120 entitling the applicant to receive annual incentive payments for electricity generated by the renewable energy system.

(8) A signed statement authorizing the energy program and the serving utility to share information related to issuing annual incentive payments, including application details and energy generation.

(9) Payment of the one hundred twenty-five dollar application fee.

(10) Provisional certification. The energy program may grant provisional certification prior to proof of final electrical inspection. Provisional certification expires one hundred eighty days after issuance, unless the applicant submits proof of the final electrical inspection from the applicable local jurisdiction, or the energy program extends the certification for a term or terms of thirty days due to extenuating circumstances.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-220, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-225 Requirements to apply for certification—Shared commercial and community solar projects.

The application must contain, but is not limited to, the information detailed below. Additional requirements are specified in WAC 504-49-210.

(1) The name and address of the project administrator and location of the renewable energy system.

(2) System information, including system component details and operation data such as global positioning system coordinates, tilt, estimated shading, and azimuth, as applicable.

(3) An executed interconnection agreement with the serving utility.

(4) The date and supporting documentation verifying that the local jurisdiction issued its final electrical inspection of the renewable energy system.

(5) Documentation, including final sales invoice, and details of total system price as defined in WAC 504-49-195.

(6) A signed statement that the administrator understands that this information is true, complete, and correct to the best of administrator's knowledge and belief under penalty of perjury.

(7) A signed statement that the administrator has not previously received a notice of eligibility from the department of revenue under RCW 82.16.120 entitling the community solar project participants to receive annual incentive payments for electricity generated by the solar energy system.

(8) A signed statement authorizing the energy program and the serving utility to share information related to issuing annual incentive payments, including application details and energy generation.

(9) Payment of the one hundred twenty-five dollar application fee.

(10) Additional information required for certification of shared commercial solar and community solar projects includes, but is not limited to:

(a) Shared commercial solar projects:

(i) Project design details;

(ii) Levelized cost of energy output of the system over its production life, and the calculations used to determine such cost;

(iii) A list of participants, including:

(A) Name;

(B) Address;

(D) Utility account number;

(iv) Interconnection information; and

(v) Details regarding the majority of the installation work. If the majority of the installation of a shared commercial solar project is awarded to out-of-state contractors, the administrator must submit to the energy program:

(A) The reasons for using out-of-state contractors;

(B) The percentage of installation work performed by out-of-state contractors; and

(C) A cost comparison of the installation services performed by out-of-state contractors compared to the same services performed by Washington-based contractors.

(b) Community solar projects:

(i) System ownership information and business address;

(ii) Project design details;

(iii) Proof of registration with the utilities and transportation commission, as defined in commission rules;

(iv) A list of participants, including:

(A) Name;

(B) Address; and

(v) Subscription information, including:

(A) Rates;

(B) Fees;

(vi) Executed interconnection agreement if the project size is greater than five hundred kilowatts direct current; and

(vii) Updated information regarding deployment of projects in low- and moderate-income communities, as those terms are defined in RCW 43.63A.510, as requested.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-225, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-230 Response from the energy program.

Within thirty days of receipt of the application for precertification or certification, the energy program must notify the customer-owner or administrator, electronically or by mail, whether the renewable energy system qualifies for incentive payments. This notice must state the rate to be paid per kilowatt-hour of electricity generated by the renewable energy system, as provided in section 6(12), chapter 36, Laws of 2017, 3rd sp. sess. (ESSB 5939), subject to any applicable caps and limits on total annual payment as defined in this chapter.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-230, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-235 Public disclosure.

System certifications and the information contained therein are subject to public disclosure. In addition, all energy generation and incentive payment information associated with the certified system (as collected by the energy program) is subject to public disclosure.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-235, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-240 Denial or revocation of system certification.

The energy program may deny or revoke the approval of a system's certification and an appeal of this final determination may be initiated. The appeal provisions under Part VII of this chapter apply here.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-240, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-245 Utility liability.

A utility is not liable for incentive payments to a customer-owner if the utility has disconnected the customer due to a violation of a customer service agreement, such as nonpayment of the customer's bill or a violation of an interconnection agreement.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-245, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-250 Modification to system.

Modification details must be provided to the energy program. Examples are provided in WAC 504-49-305.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-250, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-300 Incentive payment rate.

The incentive payment rate is the sum of the base rate and the made-in-Washington bonus, if applicable. To determine the incentive payment, the incentive payment rate is then multiplied by the system's gross kilowatt-hours generated during the fiscal year to determine the incentive payment.

(1) Determining the base rate. The first step in computing the incentive payment is to determine the correct base rate to apply. This rate depends on the fiscal year in which the system was certified and the type of renewable energy project under consideration, as defined in the table in subsection (2) of this section.

(2) Made-in-Washington bonus. The bonus rate is determined by whether all applicable system components (solar modules, wind turbines or towers) are manufactured in Washington state. See additional manufacturing details in Part V of this chapter. Bonus rates vary depending on the fiscal year in which the system is certified, as provided in the table below.

| Fiscal year of system certification | Base rate: Residential-scale | Base rate: Commercial-scale | Base rate: Community solar | Base rate: Shared commercial solar | Made-in-Washington bonus | | --- | --- | --- | --- | --- | --- | | 2018 | $0.16 | $0.06 | $0.16 | $0.06 | $0.05 | | 2019 | $0.14 | $0.04 | $0.14 | $0.04 | $0.04 | | 2020 | $0.12 | $0.02 | $0.12 | $0.02 | $0.03 | | 2021 | $0.10 | $0.02 | $0.10 | $0.02 | $0.02 |

(3) Examples: A renewable energy system certified in fiscal year 2019 and generate:

(a) Residential-scale system: Two thousand five hundred kilowatt-hours; commercial-scale system: Fourteen thousand kilowatt-hours.

(i) If a residential-scale or commercial-scale renewable energy system has only solar modules manufactured out-of-state, the computation is as follows:

(A) Residential-scale: 0.14 × 2,500 = $350.00;

(B) Commercial-scale: 0.04 × 14,000 = $560.00.

(ii) If a residential-scale or commercial-scale renewable energy system has all solar modules manufactured in Washington state, the computation is as follows:

(A) Residential-scale: (0.14 + 0.04) × 2,500 = $450.00;

(B) Commercial-scale: (0.04 + 0.04) × 14,000 = $1,120.00.

(iii) If a residential-scale or commercial-scale renewable energy system has a solar module manufactured in Washington state combined with additional solar modules manufactured out-of-state, the computation would be as follows:

(A) Residential-scale: 0.14 × 2,500 = $350.00;

(B) Commercial-scale: 0.04 × 14,000 = $560.00.

(iv) If residential-scale or commercial-scale wind generator equipment has an out-of-state turbine combined with a tower manufactured in Washington state, the computation is as follows:

(A) Residential-scale: (0.14 + 0.04) × 2,500 = $450.00;

(B) Commercial-scale: (0.04 + 0.04) × 14,000 = $1,120.00.

(v) If residential-scale wind generator equipment has both an out-of-state turbine and tower, the computation is as follows:

(A) Residential-scale: 0.14 × 2,500 = $350.00;

(B) Commercial-scale: 0.04 × 14,000 = $560.00.

(b) Shared commercial solar project system: Four million kilowatt-hours.

(i) If a shared commercial system has out-of-state solar modules, the computation is as follows: 0.04 × 4,000,000 = $160,000.00. The solar project administrator distributes the incentive payments consistent with share of participation. If a participant is involved at five percent of the project, their incentive payment is $160,000.00 × 0.05 = $8,000.00 (contingent on the rates, fees, terms or conditions of the project).

(ii) If a shared commercial system has all solar modules manufactured in Washington state, the computation is as follows: (0.04 + 0.04) × 4,000,000 = $320,000.00. The solar project administrator distributes the incentive payments consistent with share of participation. If a participant is involved at five percent of the project, their incentive payment is $320,000.00 × 0.05 = $16,000.00 (contingent on the rates, fees, terms or conditions of the project).

(i) If a community solar energy system has all solar modules manufactured in Washington state combined with an out-of-state inverter, the computation is as follows: (0.14 + 0.04) × 50,000 = $9,000.00. The solar project administrator distributes the incentive payments consistent with share of participation. If a participant is involved at five percent of the project, their incentive payment is $9,000.00 × 0.05 = $450.00 (contingent on the rates, fees, terms or conditions of the project).

(ii) If a community solar energy system has some solar modules manufactured in Washington state combined with additional solar modules manufactured out-of-state, the computation is as follows: 0.14 × 50,000 = $7,000.00. The solar project administrator distributes the incentive payments consistent with share of participation. If a participant is involved at five percent of the project, their incentive payment is $7,000.00 × 0.05 = $350.00 (contingent on the rates, fees, terms or conditions of the project).

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-300, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-305 Additions or changes to existing certified systems.

(1) All additions or changes to existing certified systems may be subject to existing utility standards and policies.

(2) If a residential-scale or commercial-scale customer-owner makes investments that result in an expansion of capacity, the applicant must provide this information to the energy program. The energy program may:

(a) Issue a new certification for an additional system installed with a previously certified system, as long as the new system meets the program requirements and its production can be measured separately from the previously certified system. These systems may be subject to additional annual reporting requirements including, but not limited to, production meter readings from each system.

(b) Issue a recertification if the additional capacity is not measured separately. Such recertification expires on the same day as the original certification for the residential-scale or commercial-scale system, and applies the incentive rates and program rules that are in effect as of the date of the recertification.

(3) The following examples illustrate how increases in system capacity may affect incentive payments:

(a) A five kilowatts direct current residential-scale system is certified in February 2019 and is eligible for the fourteen cents incentive rate. Two kilowatts direct current of capacity is added in February 2021 without a separate production meter and the system is recertified in the same fiscal year. The incentive rate of ten cents per kilowatt-hour applies to all future incentive payments of the entire seven kilowatts direct current system. Incentive payments end in 2027 or when cumulative incentive payments reach fifty percent of the total system price plus the expansion price, including applicable sales tax, whichever comes first;

(b) A five kilowatts direct current residential-scale system is certified in February 2019 and is eligible for the fourteen cents incentive rate. If two kilowatts direct current of capacity is added in February 2021 with its own production meter, the addition may be certified separately and the ten cent rate applies only to the production from this separate system and ends in 2029. The originally certified five kilowatts direct current system continues to be certified at the fourteen cents rate, with those payments ending in 2027. Cumulative incentive payments of fifty percent of the total system price, including applicable sales tax, apply separately to the five kilowatts direct current and two kilowatts direct current installations;

(c) An increase in nameplate capacity, production metered or not, results in the total capacity being greater than twelve kilowatts direct current. Recertification is required and the applicable commercial-scale incentive rate will apply.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-305, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-310 Cumulative limit on incentive payments.

Incentive payments continue for eight years or until cumulative incentive payments for electricity produced by the project reach fifty percent of the total system price, including applicable sales tax, whichever occurs first.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-310, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-400 What constitutes manufactured in Washington?

The energy program must, in consultation with the department of commerce, establish a list of equipment that is eligible for the bonus rates described in this chapter.

(1) In order for a solar module, or a wind turbine or tower, to qualify as manufactured in Washington state, the manufactured component must meet the following definitions:

(a) "Solar module" means the smallest nondivisible, self-contained physical structure housing interconnected photovoltaic cells and providing a single direct current electrical output. The lamination of the modules must occur in Washington state;

(b) "Wind turbine" refers to a device that converts the wind's kinetic energy into electrical energy and "tower" refers to the supporting structure.

(2) Is combining products considered to be manufacturing? When determining whether a solar module, or a wind turbine or tower, are manufactured in Washington, the energy program considers various factors to determine if a manufacturer combining various items into a single package is engaged in a manufacturing activity. Any one of the following factors is not considered conclusive evidence of a manufacturing activity:

(a) The ingredients are purchased from various suppliers;

(b) The manufacturer combining the ingredients attaches his or her own label to the resulting product;

(d) The combined product is marketed at a substantially different value from the selling price of the individual components; and

(e) The manufacturer combining the items does not sell the individual items except within the package.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-400, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-405 What is the process for a manufacturer to get its product qualified as made in Washington?

The manufacturer must request certification from the energy program that its product, such as a module, or wind turbine or tower, qualifies as made in Washington.

(1) Manufacturer's statement. The manufacturer must supply the energy program with a statement specifying what processes were carried out in Washington state to qualify the product.

(2) Penalty of perjury. The manufacturer's statement must be made under penalty of perjury.

(3) Field visit to view manufacturing process. The energy program performs a field visit to view the manufacturing process for the product, which may also include, but is not limited to:

(a) An inspection of the process by an engineer or other technical expert;

(b) Testing and evaluation of a product pulled off the production line;

(d) Inspection of the production line; and

(e) Requests for clarification concerning questions, if any, discovered during the inspection.

(4) Approval or disapproval of manufacturer's certification. Within thirty days of the field visit, the energy program issues a written decision to the manufacturer on its product's qualification as made in Washington state. The energy program makes the decision available to the public.

(5) Change in manufacturing process. The manufacturer must notify the energy program of any change in the manufacturing process for previously certified products within ten days of such a change.

(6) Inspection of previously certified product's manufacturing process. The energy program reserves the right to perform an inspection of the manufacturing processes for each product, such as a solar module, or a wind tower or turbine, that has been previously certified as manufactured in Washington state. The inspection is conducted to verify that the product continues to qualify as manufactured in Washington state.

(7) Denial or revocation of approval of certification. The energy program may revoke the approval of certification that a product, such as a module, or a wind turbine or tower, is made in Washington state when it finds that the product does not qualify for certification as manufactured in Washington state.

(8) The appeal provisions under Part VII of this chapter apply here.

(9) Document retention. The manufacturer must retain the documentation of the made in Washington certification process for five years after the application period for the related incentive program closes.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-405, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-500 Is there a time limit on when incentive payment may be made for a system's generated electricity?

Yes. Incentive payments may only be made for kilowatt-hours generated on or after July 1, 2017, and for the following eight years, or until cumulative incentive payments for electricity generated by the project reach fifty percent of the total system price, including applicable sales tax, whichever occurs first.

(1) Authorization of incentive payments. No incentive payments may be authorized or accrued until the final electrical inspection and executed interconnection agreement are submitted to the energy program.

(2) Certification is valid for the incentive program term. This certification entitles the person, business, or household to receive incentive payments for electricity generated from the date the renewable energy system commences operation, or the date the system is certified, whichever date is later.

(3) Changes to incentive rates. Incentive rates determined by certification date may not be retroactively changed except to correct errors that were made during the original application or certification process and that are discovered later.

(4) Incentive schedule. Incentives are issued based on the gross kilowatt-hours generated during the fiscal year beginning on July 1st and ending on June 30th. For the last year of incentive payments, the payment is the balance of the last year of generation less the first year of generation. A negative balance for the last year results in nonpayment.

(5) Certification date. Certification date is determined by the date when the energy program completes its review of a submitted application. However, due to the timing of this program, the following administrative processes apply:

(a) For applications submitted from July 1, 2017, to December 31, 2017:

(i) For purposes of systems that commenced operation on or after July 1, 2017: The certification date is assigned based on the date that the local jurisdiction issued its final approval of the electrical inspection of the renewable energy system.

(ii) For purposes of systems that commenced operation before July 1, 2017: The certification date is assigned as July 1, 2017.

(b) For applications submitted on or after January 1, 2018: The certification date is assigned on the date when the energy program completes its review of a submitted application. The energy program encourages customer-owners to submit all applications on the date the local jurisdiction issues its final approval of the electrical inspection of the renewable energy system. In instances where the certification date might follow the final electrical inspection by more than thirty days, the customer-owner or the serving utility must provide additional information to ascertain the correct initial electrical generation amount to use in calculating the first year of incentive payments.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-500, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-505 Must the customer-owner or administrator keep records regarding incentive payments?

(1) Customer-owners or administrators receiving incentive payments must keep and preserve, for a period of five years after the receipt of the last incentive payment from the utility, suitable records as may be necessary to determine the amount of incentive received.

(2) Examination of records. Such records must be open for examination at any time upon notice by the energy program.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-505, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-510 How to determine if community solar or shared commercial solar projects located on the same property are one combined system or separate systems for determining the applicable limit?

In determining if a community solar or shared commercial solar project is within the applicable limit when more than one community solar or shared commercial solar project is located on one property, the energy program treats each project's system as separate from the other projects if there are separate production meters and separate certification applications have been submitted to the energy program.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-510, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-515 Are the renewable energy system's environmental attributes transferred when ownership of the renewable energy system changes?

The nonpower attributes of the renewable energy system belong to the utility customer who owns or hosts the system or, in the case of a community solar project or a shared commercial solar project, the participant. The attributes may be kept, sold, or transferred at the utility customer's discretion unless, in the case of a utility-owned community solar or shared commercial solar project, a contract between the customer and the utility clearly specifies that the utility retains the attributes.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-515, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-520 What do I have to do if I purchase property that has an existing renewable energy system?

If a person, business, or household purchases a property that has a renewable energy system certified in the renewable energy system incentive program, the new customer-owner must (at a minimum) notify the energy program of the transfer of ownership and provide an executed interconnection agreement with the utility serving the premises.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-520, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-525 What if I sell my share in a community solar or shared commercial solar project?

The administrator of a community solar project or shared commercial solar project must provide notice to the energy program of any changes or transfers in project participation.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-525, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-600 Requirements to reapply for certification.

The reapplication for continued incentive payments through June 30, 2020, must be submitted to the energy program by April 30, 2018. This reapplication must contain, but is not limited to, the following information as specified in the applicant and eligibility requirements in WAC 458-20-273:

(1) The name and address of the applicant and location of the renewable energy system;

(2) The applicant's tax registration number;

(3) The utility name and utility account number;

(4) System information, including system component details and operation data such as global positioning system coordinates, tilt, estimated shading, and azimuth, as applicable;

(5) A signed statement that the applicant understands that this information is true, complete, and correct to the best of their knowledge and belief under penalty of perjury; and

(6) A signed statement authorizing the energy program and the serving utility to share information related to issuing annual incentive payments, including application details and energy generation.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-600, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-605 May a renewable energy system that has already been certified by the department of revenue be certified in the new program for incentive payments beyond June 30, 2020?

No. If the applicant's renewable energy system has already been certified by the department of revenue for cost recovery incentives, that system is ineligible for the new incentive program.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-605, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-610 May I increase the capacity of a department of revenue-certified system?

The person, business, or household may not increase the capacity of a department of revenue-certified system to receive additional cost recovery program incentive payments.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-610, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-615 Is there a fee to reapply?

No. There is no fee for reapplication for a department of revenue-certified renewable energy system.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-615, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-700 What are the appeal rights under the renewable energy system incentive payment program?

(1) The energy program may take four different types of actions that may result in a right to an appeal:

(a) Denying a system's precertification or certification;

(b) Revoking a system's precertification or certification;

(d) Revoking a previously approved certification of a product qualifying as made in Washington.

(2) The same appeal procedures apply to all four types of action. All appeals involving the renewable energy system incentive program in this chapter are conducted as formal adjudicative proceedings under RCW 34.05.413 through 34.05.476 and chapter 10-08 WAC.

(3) The notice issued by the energy program provides an explanation of the reasons for the denial or revocation, and advises the recipient about how to appeal the decision if the recipient disagrees.

(4) The energy program's action is final unless the recipient files an appeal petition with the energy program within thirty days of service (receipt) of the notice of the energy program's action. RCW 34.05.010(19) defines "service" and includes service by postal mail, electronic mail, and personal service.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-700, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-705 Presiding officer—Final order—Review.

For both a denial of an application for certification and a notice of intent to revoke a previously approved certification, the presiding officer of a formal adjudicative proceeding is the Washington state office of administrative hearings. The presiding officer makes the final decision and enters a final order as provided in RCW 34.05.461 (1)(b).

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-705, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-710 Petitions for reconsideration.

RCW 34.05.470 governs petitions for reconsideration. Petitions for reconsideration must be addressed to or delivered to the presiding officer at the address provided in the final order. The petition for reconsideration must be filed and served as required by WAC 10-08-110.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-710, filed 9/24/18, effective 10/25/18.

Wash. Admin. Code § 504-49-715 Judicial review.

Judicial review of the final order of the presiding officer is governed by RCW 34.05.510 through 34.05.598.

History

Statutory Authority: RCW 28B.30.150. WSR 18-20-025, § 504-49-715, filed 9/24/18, effective 10/25/18.

Chapter 504-50 Small works roster.

Wash. Admin. Code § 504-50-010 Purpose and authority.

This chapter of the Washington Administrative Code is adopted pursuant to RCW 39.04.151, authorizing Washington State University to utilize a statewide small works roster in accordance with RCW 37.04.151 (1) and (2) or to adopt procedures to establish one or more small works rosters for different specialties, categories of anticipated work, or geographic areas served by contractors on the roster that have registered for inclusion on that particular roster.

History

Statutory Authority: RCW 28B.30.150. WSR 24-10-032, § 504-50-010, filed 4/23/24, effective 7/1/24
WSR 09-19-071, § 504-50-010, filed 9/15/09, effective 10/16/09. Statutory Authority: RCW 39.04.155. WSR 01-13-103, § 504-50-010, filed 6/20/01, effective 7/21/01.

Wash. Admin. Code § 504-50-020 Project construction cost.

Whenever the estimated cost of any construction does not exceed $350,000, the university is authorized to use the statewide small works roster, or a WSU established small works roster in lieu of public advertisement for bids. In the event that the legislature further increases the small works roster limit, the university is authorized to use the small works roster for any projects up to the legislatively authorized limit. No project shall be broken into units or phases for the purpose of avoiding the maximum dollar amount of a contract that may be met using the small works roster.

History

Statutory Authority: RCW 28B.30.150. WSR 24-10-032, § 504-50-020, filed 4/23/24, effective 7/1/24
WSR 09-19-071, § 504-50-020, filed 9/15/09, effective 10/16/09. Statutory Authority: RCW 39.04.155. WSR 01-13-103, § 504-50-020, filed 6/20/01, effective 7/21/01.

Wash. Admin. Code § 504-50-032 Procedures for use.

Procedures must be established for securing telephone, written, or electronic quotations from contractors on the appropriate statewide or WSU established small works rosters to assure that a competitive price is established and to award contracts to the lowest responsible bidder. Detailed plans and specifications are not required as part of the bid invitation. Bids may be solicited from all appropriate contractors on the statewide or WSU established rosters, or, alternatively, if the estimated cost of the work is less than $150,000, the university may direct contract with small businesses as defined by RCW 39.04.010. In the event that the legislature further increases the small business limit, the university is authorized to use small businesses for any projects up to the legislatively authorized limit. Procedures must be established for rotation, notification, and annual publication of small works contracts awarded and contractors contacted for direct negotiation pursuant to RCW 39.04.200.

History

Statutory Authority: RCW 28B.30.150. WSR 24-10-032, § 504-50-032, filed 4/23/24, effective 7/1/24.

Wash. Admin. Code § 504-50-042 Administration.

The associate vice president for facilities services, on behalf of the board of regents, is authorized to establish procedures for university use of the statewide and WSU established small works rosters.

History

Statutory Authority: RCW 28B.30.150. WSR 24-10-032, § 504-50-042, filed 4/23/24, effective 7/1/24.