HAR §20-12-10. or oral arguments to the parking board

Any exceptions and written arguments shall be filed not more than fifteen days from the date of the proposed decision with the parking office, business office, administration office, or any other office as the chancellor of the campus handling the formal hearing designates. The parking board shall provide the parties with an opportunity to present oral arguments at an adjudicatory meeting of the parking board; (G) In rendering the final decision, the parking board shall personally consider the whole record of the contested case or the portions thereof as may be cited by the parties. No matters outside the record shall be considered by the parking board in making a decision, except as provided in this chapter; (H) Every decision and order adverse to a party to the proceeding shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. Parties to the proceedings shall be notified by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party. If the citation is upheld, the parking board or the hearing officer may direct payment of all or a portion of the fine or charge; (I) If a party does not appear at the date, time, and place appointed for the hearing, either before the parking board or the hearing officer, the party may be denied another hearing on the matter; and 12-10 §20-12-10 (J) Appeals from the final decision of the parking board rendered in a contested case under this chapter shall be in accordance with chapter 91, HRS. (c) The public may obtain information or make submittals or requests relative to parking and traffic matters by addressing a letter to the parking office, business office, administration office, or such other office as the chancellor of the respective campus designates. (d) Petitions for declaratory rulings as to the applicability of any statutory provision concerning parking or operation of vehicles on any campus shall be in the form of a letter to the chancellor of the respective campus stating the interest of the petitioner in the matter, the reasons for requesting the ruling and the specific nature of the ruling being requested. The chancellor shall render in writing a declaratory ruling or other order disposing of the matter. [Eff 6/22/81; am 4/1/93, am and comp MA~ 1 8 2018 ] (Auth: HRS §§91-6, 91-8, 304A-'1'0'!3, 304A-2601, 304A-2672) (Imp: §§91-6, 91-8, 304A-105, 304A-2601, 304A-2681) 12-11 126 5 Ch. 20-12 November 16, 2017 Page 1 of 6 Attachment 1 VIOLATIONS AND SCHEDULE OF FINES AND PENALTIES FOR NON-PAYMENT FOR THE UNIVERSITY OF HAWAII CAMPUSES Violations and Schedule of Fines and Penalties for Non-Payment: Original Fine 15-Day Non-Payment Penalty {l) Parking in prohibited areas including but not limited to the following: -lawns, planted areas, and grounds under repair; -median strips, sidewalks, driveways, and crosswalks; -No parking areas or along curbs painted red; -(obstructing) fire hydrants or (parking in) fire lanes; -{obstructing) vehicular o r pedestrian traffic; -official bus or shuttle stops . (2) Pa rking in an area not des ignated for that specific type of vehicle. {3) Operating or parking a vehicle within a university building . 12-12 $40.00 $50.00 40.00 50.00 40.00 50.00 0265 (4) Double parking or vehicles not placed wholly within the lines or boundaries of the parking space. (5) Parking in a reserved stall. (6) Using a disabled placard, but refusing to present a valid identification card issued under Chapter 291, Hawaii Revised Statutes, to an enforcement officer upon request. (6a} Parking in a space reserved for persons with disabilities and: (i} Failing to properly display a windshield placard or special license plate authorizing use of such parking space in accordance with Part III of Chapter 291, Hawaii Revised Statues; or (ii) Displaying an invalid windshield placard or special license plate; or (iii) Using a windshield placard or special 12-13 Ch. 20-12 November 16, 2017 Page 2 of 6 Original Fine 40.00 50.00 260.00 15-Day Non-Payment Penalty 50.00 60 . 00 270.00 }26 5 license plate that was not issued to the driver or to any passengers occupying the vehicle in the parking space. {6b) Parking in a space reserved for persons with disabilities by a person who has been issued a valid windshield placard or special license plate that is currently in effect, but failing to properly display the windshield placard or special license plate . (6c) With or without a valid windshield placard or special license plate: (i) Parking in an access aisle adjacent to a parking space reserved for persons with a disability; or (ii) Obstructing the ingress or egress to a parking space reserved for persons with a disability. 12-14 Ch. 20-12 November 16, 2017 Page 3 of 6 Original Fine 260.00 260.00 260.00 15-Day Non-Payment Penalty 270 . 00 270.00 270.00 }265 ( 6d) Parking in a space reserved for persons with disabilities and refusing or failing to present an identification card issued under Chapter 291, Hawaii Revised Statutes, or the rules adopted thereunder to an enforcement officer upon request. (7) Parking in a loading zone longer than 15 minutes. (8) Parking in the wrong zone . ( 9) Parking without a permit. (10) Failure to display a permit or displaying it at an improper location. ( 11) Failure to pay the hourly or daily parking rate. (12) Falsifying information on an application. (13) Displaying or using an invalid permit or pass. (14) Possessing or using a counterfeit, altered , defaced, illegally transferred, or stolen permit. 12-15 Ch. 20-12 November 16, 2017 Page 4 of 6 15-Day Original Non-Payment Fine Penalty 260.00 270.00 50.00 60 . 00 40.00 50.00 40.00 50.00 40.00 50.00 40.00 50.00 50.00 60.00 40.00 50.00 100 . 00 110.00 }265 ' 1,1111U1 (15) Driving on areas other than streets, roads, or parking areas. (16) Exceeding the 15 mph or other posted speed limits on campus. (17) Reckless driving (operating a vehicle in disregard of the safety of persons or property). (18) Failure to heed the directions of a duly authorized officer. ( 19) Failure to heed the directions of an official sign and/ or symbols. ( 2 0) Moving violations of the applicable county traffic code not otherwise specified herein. ( 21) Parking or operating a bicycle or moped in violation of the applicable county traffic code (not otherwise specified herein). (22) Failure to make a complete stop at an official stop sign . 12-16 Ch. 20-12 November 16, 2017 Page 5 of 6 15-Day Original Non-Payment Fine Penalty 97.00 107.00 97.00 107.00 97.00 107 . 00 97.00 107.00 97 . 00 107.00 97.00 107.00 72 . 00 82 . 00 97.00 107.00 }265 l (23) Transporting a bicycle, moped, or motorcycle in an elevator. (24) Damaging campus signs, parking gates, or parking appurtenances. ( 2 5) Repeat violation of parking regulations. (26) Vehicle or its alarm system making excessive or unusual noise (noise in excess of the usual noise which would necessarily result from the operation of a vehicle when reduced to the minimum by a muffler) or causing a disturbance, or both. (27) Moving any barricade or parking within any barricaded area. 12-17 Ch. 20-12 November 16, 2017 Page 6 of 6 15-Day Original Non-Payment Fine Penalty 40.0 0 50.00 100.00 110.00 + cost + cost of repair of repair or or replacement replacement 100.00 110.00 72.00 82 . 00 97.00 107 . 00 UNIVERSITY OF HAWAII Amendments to and compilation of chapter 20-12, Hawaii Administrative Rules, on the Summary Page dated November 16, 2017 were adopted on November 16, 2017 following a public hearing held on October 19, 2017, after public notice was given in the Honolulu Star- Advertiser on September 18, 2017. The amendment and compilation of chapter 20-12 shall take effect ten days after filing with the Office of the Lieutenant Governor. of Regents APPROVED: Governor State of Hawaii Dated: File d . - C'O = = ..-0 I \0 :i::, · ..J .b-'.. 0\ 12-18 ,-- , r1 -· '-· -, ,., r :.,> --n :x:. ri-. _.;,,) ,-,,o < r'l .-0 z 0 ..:0 en 1:,26 5 . I ~ APPROVED AS TO FORM: University of Hawaii Carrie K. S~ . Vice President for Legal Affairs and University General Counsel Department of the Attorney General Diane Erickson Deputy Attorney General 12-19 D265