N.Y. Comp. Codes R. & Regs. tit. 8 § 587.5

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

Section 587.5 - Enforcement and Adjudicatory Procedure

(a) University police officers are authorized to issue traffic tickets and/or parking citations against a driver and/or vehicle in violation of traffic and parking regulations or any violation of this Part. Traffic tickets issued pursuant to this Part shall be adjudicated in a court with jurisdiction over such violation, and parking citations shall be adjudicated in accordance with procedures provided in this section.

(b) A parking citation issued for any violation of this Part shall follow the following procedure:

(1) The parking citation shall be subscribed by the officer witnessing the violation; shall include the time and place when the citation was issued; and shall be served upon the alleged violator or attached to the vehicle involved.

(2) The parking citation shall indicate the fine assessable for the violation and shall state that if the person charged does not request a hearing on the violation prescribed herein, the fine shall be paid by mail or in person at the System Administration, Business Office located at SUNY Plaza, 353 Broadway, Albany NY 12246, or such place as may be designated on the citation, within fourteen calendar days after the service of the citation.

(3) The parking citation shall recite that the person alleged to have committed the violation may request a hearing within 72 hours after service of the charges by such alleged violator appearing in person or responding in writing to the University police department, or such other place as may be designated on the citation.

(4) The parking citation shall recite that if the alleged violator fails to appear at the time and place fixed for the hearing, or should no hearing be requested as provided herein, an appropriate penalty shall be imposed based upon the violation alleged.

(c)The Chancellor or designee shall designate a hearing officer or board, the membership of which shall not exceed three persons, to hear citations for violations of this Part. Such hearing officer or board shall not be bound by the rules of evidence, but may hear or receive any testimony or evidence which is, in the discretion of such officer or board, 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 report in its official records and shall transmit a notice of decision to the alleged violator. Such report for the official records of the hearing officer or board shall include:

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

(2) the time and place where the parking citation was issued;

(3) the regulation(s) violated;

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

(5) the time and place of the hearing;

(6) the names of all witnesses;

(7) each adjournment, if any, 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 § 587.5

Adopted New York State Register July 15, 2020/Volume XLII, Issue 28, eff. 7/15/2020