N.Y. Comp. Codes R. & Regs. tit. 8 § 585.15

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

Section 585.15 - Enforcement procedures; complaints, hearings, and payment and collection of fines

(a) All of the provisions of this section shall be in effect for and govern any and all violations of the provisions of this Part other than sections 585.2, 585.13(c)(2) and 585.14(c)(3) of this Part.

(b) Complaints. Any alleged violation of any of the provisions of this Part to which this section applies shall result in the issuance of a complaint which shall, among other things:

(1) be in writing;

(2) recite the time and place of the alleged violation and the number of said complaint;

(3) recite the title, number, or substance of the provision of this Part alleged to have been violated;

(4) be subscribed by the officer witnessing the alleged violation;

(5) be attached to the motor vehicle involved or served upon the violator;

(6) indicate the amount of the fine(s) assessable for the alleged violation (see, generally, section 585.14[c] of this Part);

(7) state a deadline, which shall be at least seven days after the time of issuance of the complaint, at or prior to which the alleged violator may dispute the alleged violation and request a hearing thereon by appearing in person at the office of the Chief of University Police in the Van Hoesen Building of the State University College at Cortland and presenting his or her copy of said complaint;

(8) advise that if the alleged violator fails to dispute the alleged violation and request a hearing thereon at or prior to the deadline stated in the complaint, or if the alleged violator disputes the alleged violation and requests a hearing thereon in proper timely fashion but then fails to appear at the time fixed for said hearing:

(i) the complaint shall be proved;

(ii) the applicable fine shall be paid in full at the office of business affairs, Miller Administration Building within 14 days of the deadline stated in the complaint; and

(iii) the complaint shall warrant such further action as may then be appropriate.

(c) Hearings.

(1) The chief administrative officer of the State University College at Cortland shall designate a hearing officer to hear complaints of any alleged violation of any of the provisions of this Part to which this section applies, which hearing officer:

(i) shall at all times be bound by, and shall at all times enforce and uphold, all of the provisions of this Part;

(ii) should not be concerned with the alleged violator's intent or other state of mind as these elements are not material in such cases;

(iii) shall not be bound by the rules of evidence but may hear or receive any testimony or evidence directly relevant and material to the issues produced; and

(iv) may develop its own internal procedures for the processing of complaints and hearings; provided, however, that such internal procedures shall in no way conflict or be inconsistent with any of the provisions of this Part.

(2) At the conclusion of the hearing, or no later than five days thereafter, such hearing officer shall file a report and notice of decision with the office of the Chief of University Police, with the parking committee of the State University College at Cortland, and with the alleged violator, which report and notice of decision shall state:

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

(ii) the time and place when the complaint was issued and the number of said complaint;

(iii) the provision of this Part alleged to have been violated;

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

(v) the time and place of the hearing;

(vi) the names of all witnesses;

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

(viii) the decision (guilty or not guilty) of the hearing officer;

(ix) if the decision is guilty, the amount of the fine for the violation involved and a statement that said fine shall be paid in full at the business office of the State University College at Cortland within 14 days of the date of this report and notice of decision.

(3) All decisions of the hearing officer shall be final.

(d) Payment and collection of fines.

(1) It will be the responsibility of each violator to pay the correct amount of any fine or fines imposed pursuant to the provisions of this Part.

(i) The violator may at any time request the assistance of the office of the Chief of University Police in determining the correct amount or amounts of any fine or fines.

(ii) In the absence of such a request for assistance, any error in the amount of the fine and/or payment, and all consequences of such error, shall be solely the responsibility of the violator.

(2) The prosecution and collection of fines involving visitors shall be in accordance with applicable law.

(3) Overdue and unpaid fines shall be deducted from the salary or wages of an offending officer or employee (faculty and staff) of the State University College at Cortland.

(4) In the case of students, grades and transcripts shall be withheld until all overdue and unpaid fines are paid in full. In addition, a student's name will be placed on the "stop list" if the fine is more than seven days overdue.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 585.15