Section 516-12-480. Appeals and appeals board.

Any person who wishes to appeal a citation must, within seven days from the date of the citation, complete an appeal form at the parking services office or appeal online at www.ps.wwu.edu. The person who appeals will be referred to as the appellant.

(1) The right to a hearing is forfeited seven days from the date of the citation.

(2) The appeal form must include a full explanation of the basis for the appeal. The only proper basis for an appeal is a contention that the cited regulations were not violated.

(3) The public safety director or designee will review the appeal and issue a decision to the appellant within fourteen days of review. The public safety director may deny the appeal or grant the appeal in whole or in part by dismissing or reducing the citation.

(4) If dismissal or reduction is not granted, appellant may request the appeal be sent to the appeals board for review upon payment of the fine and the completion of an appeals board review request form. The public safety director has the authority to waive completion of the appeals board review request form and authorize delay of payment of the fine, pending review.

(5) Requests for an appeals board review must be made in writing within fourteen calendar days of the decision made by the public safety director or designee.

(6) The citation(s) must be paid in full before an appeals board review request form may be filled out as a form of appeals bond and can only be delayed by written authority of the public safety director.

(7) Payment of a parking fine will not constitute a waiver of the right to a hearing with regard to the underlying violation.

(8) An appeals board has been established composed of one administrator; one faculty member; one staff member; and four students. Representation must be by the administrators, faculty union, staff unions, and associated students. Each member may be reappointed for a term. The appeals board will choose its own chairperson from its members.

(9) The appeals board will meet throughout the academic year dependent upon the volume of appeals. If an appeals board member has been notified of a meeting at least three days in advance and does not appear to participate, the other appeals board members may proceed with their duties in reviewing appeals. At least three appeals board members are required to conduct a review.

(10) The appeals board has jurisdiction to hear and decide only those cases involving alleged violations of Western Washington University's regulations, chapters 516-12, 516-13, 516-15 WAC.

(11) Moving violations, violations of the motor vehicle and other traffic laws of the state of Washington, and traffic code of the city of Bellingham are referred to the appropriate court.

(12) The appeals board will consider appeals as follows:

(a) Should a personal appearance before the appeals board be desired it should be indicated on the appeals board review request form, otherwise the citation will be adjudicated on the basis of the written submission only.

(b) If a personal appearance is requested, and the appellant cannot appear on the date scheduled, the appellant must notify parking services in writing at least twenty-four hours before the scheduled time and request a new date. Only one such rescheduling is permitted. If the appellant does not appear at a scheduled hearing without notification, the appeal will be reviewed on the basis of the written appeal only.

(c) The appeals board operates according to the rights of due process of law. If desired, the appellant has the right to be represented by another person, the right to cross-examine witnesses, and the right to an open and impartial hearing.

(d) Parking services has the right to be represented at hearings and to cross-examine witnesses.

(e) The appeals board may examine witnesses for either side.

(f) At the conclusion of a hearing, and in an open session, the appeals board will specify the charge(s) against the appellant, declare judgment for each charge, and include a reason for each judgment. The appeals board has the authority to deny the appeal, waive, void or refund charge(s) in part or in full, according to the judgment.

(g) The decision of the appeals board will be in writing, sent immediately to the appellant and parking services, and will be final.

(h) Failure to comply with a decision of the appeals board constitutes a ground for revocation of campus parking privileges. Any unpaid fine will be deducted from any refund due as a result of revocation of parking privileges or a judgment of the appeals board.

(i) A written record of the judgment, reason, and fine imposed, if any, shall be furnished to parking services by the appeals board chairperson. These records will then be maintained by parking services.

(j) The appellant may appeal the appeals board decision to parking services within ten days after the final decision has been issued. Parking services shall immediately forward documents to the district court which has jurisdiction to hear the appeal de novo. No appeal may be taken unless the citation has been contested as provided in these rules.

(13) The appeals board chairperson may submit written recommendations about the parking system to the vice-president for business and financial affairs by May 31st of each year.

[Statutory Authority: RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-480, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-480, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-480, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-480, filed 6/28/83, effective 9/19/83.]

RCW 28B.35.120(12) and 28B.10.560. WSR 10-15-021, § 516-12-480, filed 7/9/10, effective 8/9/10. Statutory Authority: RCW 28B.35.120(12). WSR 02-07-045, § 516-12-480, filed 3/14/02, effective 4/14/02. Statutory Authority: RCW 28B.35.120. WSR 97-17-052, § 516-12-480, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.35.120(11). WSR 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-12-480, filed 6/28/83, effective 9/19/83.

Rules

516-12,516-15,