N.Y. Comp. Codes R. & Regs. tit. 8 § 563.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 563.7 - Enforcement procedures; hearings, and payment and collection of fines

Faculty, staff and students will be allowed three days grace period, beginning with the first day of classes each new semester to comply with the motor vehicle registration requirements set forth in this Part; provided, however, that all other provisions of these regulations are strictly enforced at all times.

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

The complaint must be issued by a University Police Officer or other parking enforcement official witnessing the violation and shall be served upon the violator or affixed to the vehicle in violation.

In addition, a complaint shall recite the following:

(1) license plate number of vehicle complaint was issued against;

(2) the amount of the fine(s) assessable for the violation advising that if the violation is not disputed, such fine shall be paid within 10 business days or a late payment will be assessed;

(3) the prescribed time period to dispute the violation and request a hearing is within 10 business days immediately after the date the complaint is filed at which time the alleged violator must file a notice of appeal at the Office of Parking Services and present his/her copy of said complaint; and

(4) should the alleged violator fail to file a notice of appeal requesting a hearing within the designated time period, or fail to appear at the time fixed for said hearing:

(i) the complaint shall be deemed proved and the appeal waived;

(ii) the applicable fine must be paid in full to the Office of Parking Services or Bursars immediately; and

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

(b) Hearings.

(1) The chief administrative officer or his/her designee shall designate a hearing officer to hear complaints of any alleged violation of any of the provisions of this Part.

The hearing officer:

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

(ii) 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

(iii) may develop 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 other existent provisions.

(2) At the conclusion of the hearing, or not later than five days thereafter, such hearing officer shall file a report and notice of decision with the Office of Parking Services, with a copy to the alleged violator. The report and notice of decision shall state the decision of the hearing officer. 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 Office of Parking Services or Bursar within 10 business days of the date the report and notice of decision was filed.

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

(c) Payment and collection of fines.

(1) It will be the responsibility of each alleged violator to pay the full and correct amount of any fine(s) for violations to which this section applies and in the time period designated by this section.

(i) The alleged violator may, during the times that the Office of Parking Services is open, request the assistance of the office in determining the correct amount(s) of any fine(s).

(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 alleged 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 employee of the college.

(4) In the case of students, grades and transcripts shall be withheld and the student will not be eligible to register for classes until any and all overdue and unpaid fine(s) is satisfied. In addition, overdue and unpaid fines may be referred to a collection agency and any additional fees incurred will be added to the outstanding balance due.

(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 of the registered vehicle owner 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 campus president or designee to meet the administrative costs of such referral.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 563.7