Washington Administrative Code › Title 516 - Western Washington University › Chapter 516-12 - Parking and traffic regulations › Section 516-12-480 - Appeals and appeals board

Current through Register Vol. 24-14, July 15, 2024
Any person who wishes to appeal a citation must, within seven
				days from the date of the citation, complete an appeal at the student business
				office or online through parking services' web site. The person who appeals
				will be referred to as the appellant.
(1) Payment of a parking fine will not
			 constitute a waiver of the right to an appeal with regard to the underlying
			 violation. The right to an appeal is forfeited seven days from the date of the
			 citation.
(2) The appeal must
			 provide the complete explanation of the basis for the appeal. The only valid
			 basis for an appeal is a contention that the cited regulations were not
			 violated.
(3) The assistant
			 director of the student business office and parking services or designee will
			 review the appeal and issue a decision to the appellant within fourteen days of
			 review. The assistant director of the student business office and parking
			 services or designee may deny the appeal or grant the appeal in whole or in
			 part by dismissing or reducing the citation.
(4) Any appellant who wishes to appeal the
			 decision of the assistant director of the student business office and parking
			 services or designee must pay the full amount of the fine and complete the
			 appeals board review request at the student business office or online through
			 parking services' web site. Appeals must be received within fourteen calendar
			 days of the date the decision was issued.
(5) The appeals board is composed of five
			 members. Appointments will be made by professional staff organization (one
			 member), faculty union (one member), staff unions (one member), and associated
			 students (two members). Each member is appointed for a term of one year and may
			 be reappointed for one additional term. The appeals board will choose its own
			 chairperson from its members.
(6)
			 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, 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.
(7) 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.
(8) 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 one business day 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 final. Formal notification will be sent to the
			 appellant and parking services within three business days.
(h) 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.
(i) The appellant may
			 appeal the appeals board decision to parking services as delegated by the
			 public safety director 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. The appellant is
			 responsible for all associated fees. No appeal may be taken unless the citation
			 has been contested as provided in these rules.