Or. Admin. Code § 574-085-0110

Current through Register Vol. 64, No. 1, January 1, 2025

Section 574-085-0110 - Enforcement and Appeals

(1) All penalties prescribed in 574-085-0050, other than violations referred to appropriate courts of law as provided in paragraph (4) will be administratively enforced by Western. A traffic citation of notice of offense, together with the scheduled fine, will be given to the violator or placed on the violator's vehicle.

(2) All appeals must be submitted within 10 working days from the date of the citation. Appeals submitted after 10 working days will not be considered for review/appeal unless the person can prove they are indigent, at which time the appeal date may be extended.

(3) The following types of reasons are not acceptable grounds for appeal:

(a) Lack of knowledge of the regulations, for example, "new to campus" or "did not read regulations;"

(b) Other vehicles were also parked improperly;

(c) Late to class or appointment;

(d) Disagreement with or inability to pay the amount of the fine(s);

(e) Lack of space;

(f) Unread or misunderstood signs.

(4) Fines for cited violations shall be paid to the Western Business Office, unless otherwise indicated on the citation, in the amount of the fine posted, and a "Petition for Parking Citation Appeal" filed within 10 working days after the citation is issued.

(5) Any person wishing to appeal a citation must prepare a "Petition for Parking Citation Appeal" for a hearing, indicating why the citation should not be enforced. Petition forms are available at Parking Services located within the Cashiers Office in the Administration Building. The citation must be paid and the form filed within 10 working days of citation issuance. Staff, faculty, and students may have the citation charge placed on their account in lieu of paying by cash or check. Payment of the citation(s) must accompany the appeal before it will be reviewed for persons other than staff, faculty, and students. Those appeals received in writing that do not indicate a desire to appear before the Parking Review Committee (PRC) will be handled administratively by Parking Services or designee.

(6) A person appealing the citation must appear before the PRC to present his/her case. In the event a person is unable to appear before the PRC, the appeal will be reviewed in his/her absence.

(7) In considering appeals, the PRC will have full authority to:

(a) Dismiss the violation (excluding handicap violations);

(b) Find the individual not guilty of the violation on the citation;

(c) Find the individual guilty of the violation and either impose the fine stipulated in these regulations or impose a lesser fine;

(d) Enter a finding of guilty and, without imposing a fine, issue a reprimand or warning, or impose a fine but suspend its payment during a fixed probationary period;

(e) Find the individual guilty of the violation and reduce the fine to an administrative fee for dismissing the citation.

(8) A student who fails to pay for a violation on or before 10 working days after citation issuance will have a service charge added to their accounts receivable and forfeit the right of appeal unless extenuating circumstances arise where a person can prove they had no knowledge of the issued citation.

(9) The student's registration packet and enrollment may also be withheld if any penalties under these regulations remain unpaid at the time of registration.

(10) Any person who fails to pay for any citation within 10 working days will have a service charge placed on accounts receivable and will forfeit their right to appeal.

(11) If a guest receives a citation for "no permit," it may be waived if Parking Services is notified immediately and there are extenuating circumstances where the guest was not aware of the permit requirements. The person must demonstrate proof of being a guest and had no knowledge of parking regulations.

(12) A person receiving a citation for "no permit" may have it dismissed if a full year primary permit is purchased within 10 working days of citation issuance. Only one citation may be dismissed per person per year.

(13) Departments which have guests, visitors, speakers, etc., are required to have parking permits for their guests upon arrival. In the event a citation is issued to a department guest, the Cashiers Office will defer the citation to the department.

(14) Certificate of Dismissal - Every vehicle receiving a citation for "no permit" or "expired meter" will receive a certificate of dismissal that entitles the vehicle driver to purchase a full year primary permit in lieu of paying the fine. The certificate also allows guests receiving a citation for "no permit" to have the citation dismissed if information can be provided indicating they were not aware of the parking regulations. Certificates of dismissal are not valid for secondary or replacement permits. Only one dismissal per person per year will be issued.

Or. Admin. Code § 574-085-0110

WOSC 1-1992, f. & cert. ef. 4-16-92; WOSC 1-1994, f. & cert. ef. 8-12-94; WOSC 3-1996, f. & cert. ef. 12-11-96; WOU 2-1998, f. & cert. ef. 7-24-98; WOU 2-1999, f. & cert. ef. 7-27-99; WOU 2-2001, f. & cert. ef. 7-30-01; WOU 3-2002, f. 10-7-02, cert. ef. 10-15-02; WOU 3-2003, f. & cert. ef. 10-28-03; WOU 3-2007, f. & cert. ef. 9-5-07; WOU 2-2012, f. & cert. ef. 7-31-12

Stat. Auth.: ORS 351.070 & 352.072

Stats. Implemented: ORS 351.070, 351.072 & 352.360