N.Y. Comp. Codes R. & Regs. tit. 8 § 573.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 573.8 - Notice, hearing and disposition

(a) A complaint (ticket) regarding any violation of a campus parking regulation shall be in writing reciting the time and place of the violation and the title, number or substance of the applicable regulation.

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

(2) The complaint (ticket) shall indicate the amount of the fine assessable for the violation, and advise that if the person charged does not dispute the violation, fines may be paid at the Office of Student Accounts within 10 days.

(3) The complaint (ticket) shall recite that a hearing may be requested within 10 days of service of the charges by appearing in person at the university police department.

(4) The complaint (ticket) shall recite that should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the 10-day period the complaint (ticket) is proved and shall warrant such action as may then be appropriate.

(5) The complaint (ticket) shall state that 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 motor vehicle registration, and the imposition of a fee as approved by the campus president or designee, or by the Board of Trustees, as the case may be, to meet the administrative costs of such referral.

(b) The campus president or designee shall designate a hearing board not to exceed three persons, to hear complaints for violation of campus traffic and parking regulations enforceable on campus. This board shall not be bound by the rules of evidence but may not hear or receive any testimony or evidence directly relevant and material to the issues presented. The decision of this board shall be final.

(c) At the conclusion of the hearing or not later than five days thereafter, such officer shall file a written decision with the parking ticket review panel as well as with the alleged violator. The decision shall include:

(1) the name and address of the alleged violator;

(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 name 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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 573.8