N.Y. Comp. Codes R. & Regs. tit. 8 § 579.6

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

Section 579.6 - Appeals

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

(1) The complaint 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 shall indicate the amount of the fine assessable for the violation, and advise that if the person charged does not dispute the violation, the fine must be paid at the university police department within five days of the date of issuance. The vehicle registration and ticket office is located on the first floor of the Victorian House on the Alfred Campus and in the student services area on the Wellsville Campus.

(3) The complaint shall recite that an appeal may be requested within five days of the date of the date of issuance by appearing in person at the vehicle registration and ticket office in the university police department in the Victorian House. REMINDER: APPEALS MUST BE GENERATED WITHIN FIVE DAYS OF TICKET ISSUANCE - CAMPUS TICKETS ONLY.

(4) The complaint shall note that should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the period as prescribed by the College Council in paragraph (3) of this subdivision the complaint is approved and shall warrant such action as may then be appropriate.

(b) The chief administrative officer shall designate a hearing officer(s) or board, not to exceed three persons, to hear complaints for violation of campus traffic and parking regulations enforceable on campus. Such hearing officer(s) or board shall not be bound by the rules of evidence but may hear or receive any testimony or evidence directly relevant to the issues presented.

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

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

N.Y. Comp. Codes R. & Regs. Tit. 8 § 579.6