N.Y. Comp. Codes R. & Regs. tit. 8 § 561.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 561.6 - Notice, hearing and disposition

(a) A complaint (traffic ticket) regarding any violation of the New York State Vehicle and Traffic Law or any traffic ordinance which a locality is permitted to adopt shall be processed in accordance with the requirements of applicable laws.

(b) A complaint (traffic ticket) regarding any violation of a campus rule approved by the Board of Trustees shall recite the time and place of the violation and the title number or substance of the applicable rule.

(1) The complaint (traffic ticket) must be subscribed by the officer witnessing the violation and shall be served upon the violator or attached to the vehicle involved.

(2) The complaint (traffic ticket) shall also indicate the fine schedule for the violation and advise that if the person charged does not dispute the violation such fine must be paid at the office of parking management within five calendar days of the date of issuance.

(3) The notice shall recite that a hearing to appeal the alleged violation may be requested in writing within 72 hours after being served with the ticket by appearing in person at the office of parking management.

(4) Should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the prescribed time, the complaint is proved (automatic guilty plea) and shall warrant such action as provided in section 561.5(c) of this Part.

(5) Three or more unanswered complaints in an 18-month period by the same person regarding violations of a campus parking rule, shall result in a referral to the New York State Commissioner of Motor Vehicles for review in considering the renewal of an operator's license and/or a motor vehicle registration, and the imposition of a fee as approved by the chancellor, or his designee, to meet the administrative costs of such referral.

(c) A hearing officer and/or board is designated by the chief administrative officer of the university to hear appeals for alleged violations of campus traffic and parking regulations. Such hearing officer and/or board shall not be bound by the technical rules of evidence but may hear or receive any testimony or evidence directly relevant and material to the issues presented.

(d) At the conclusion of the hearing, or not later than five days thereafter, such hearing officer or board shall file a decision and report. A notice of the decision shall be promptly transmitted to the violator. The report shall include:

(1) the name and address of the defendant;

(2) the time and place when the complaint was issued;

(3) the campus rule violated;

(4) a concise statement of the facts established on the hearing based upon the testimony or other evidence offered;

(5) the time and place of the hearing;

(6) the names of all witnesses;

(7) each adjournment stating upon whose application and to what time and place it was made; and

(8) the decision (guilty or not guilty) of the hearing officer or board.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 561.6