N.Y. Comp. Codes R. & Regs. tit. 8 § 569.8

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

Section 569.8 - Citation procedures and appeals

The University Police shall enforce these regulations, the New York State Vehicle and Traffic Law, and such other laws and regulations as may apply (sections 355[2][m] and 360[4] of the Education Law). Individuals authorized by the chief of police may issue summonses to vehicles found in violation of these regulations.

(a) A citation (traffic ticket) 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 citation must be subscribed by the officer witnessing the violation and served upon the persons charged or attached to the vehicle involved.

(2) The citation shall indicate the amount of the fine assessable for the violation, and advise that if the person charged does not dispute the violation, fines must be paid at the University Police office within a period of five business days (not including Saturday and Sunday).

(3) The citation shall recite that a hearing may be requested within a period of five business days (not including Saturday and Sunday) after service of the charges by appearing in person at the University Police Department to complete a citation appeal form. A request for a hearing may also be filed through the college parking website within five business days of issuance of the citation.

(4) Should the alleged violator fail to request an appeal of the citation within the period as prescribed in paragraph (3) of this subdivision, the citation is proved and shall warrant such action as may be appropriate.

(b) The president of the college will establish traffic appeal boards to hear appeals for violations of campus traffic regulations. Membership of each appeal board is not to exceed three persons who represent the faculty, staff and student body. A traffic appeal board shall not be bound by the technical rules of evidence but may hear or receive any evidence directly relevant and material to the issues presented.

(c) At the conclusion of the hearing or not later than five days thereafter, a traffic appeal board shall issue a decision. A notice of the decision shall be promptly transmitted to the person who was issued the citation. The report shall include:

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

(2) the time and place when the citation was issued;

(3) the campus rule violated;

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

(5) the time and place of the hearing;

(6) the names of all witnesses;

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

(8) the decision (guilty, not guilty, or guilty--no fine) of the traffic appeal board.

(d) 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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 569.8