N.Y. Comp. Codes R. & Regs. tit. 8 § 562.17

Current through Register Vol. 46, No. 50, December 11, 2024

Section 562.17 - Complaints, hearings, 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 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, fines may be paid at the student accounts office of the campus within a period to be prescribed by the college council.

(3) The complaint shall recite that a hearing may be requested within a period of time as prescribed by the college council after service of the charges by appearing in person at the parking services office.

(4) The complaint 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 period as prescribed by the college council in paragraph (3) of this subdivision, the complaint is proved and shall warrant such action as may then be appropriate.

(5) 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 a motor vehicle registration, and the imposition of a fee as approved by the chancellor, or designee, to meet the administrative costs of such referral.

(b) The chief administrative officer shall designate a hearing officer or board, not to exceed three persons, to hear complaints for violation of campus traffic and parking rules and regulations enforceable on campus. Such hearing officer or board 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 presented.

(c) A request for a hearing for a violation must be made in writing with the parking services office, provided the request is filed within the prescribed period of time as designated on the ticket. Should there be no request during this time period, the complaint is proved and will be considered a denial.

(d) Each request will be reviewed by the hearing officer or parking appeals board which includes a student, faculty or staff representative, and administrator. This board will meet when necessary to hear requests.

(e) After such review, or not later than five days thereafter, such hearing officer 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 of the appellant;

(2) the date the complaint was issued;

(3) a concise statement of the facts established on the appeal, based upon the testimony or other evidence offered;

(4) the time and place of the appeal;

(5) the campus rule violated;

(6) the names of all witnesses; and

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

N.Y. Comp. Codes R. & Regs. Tit. 8 § 562.17