N.Y. Comp. Codes R. & Regs. tit. 8 § 570.4

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

Section 570.4 - Hearing board and protests

(a) Appointment and composition. The chief administrative officer shall designate a hearing board of three persons to be selected in the following manner:

One member of the voting faculty;

One staff member (classified service or FSA);

One student.

(b) Responsibilities of hearing board. The hearing board shall be charged with the adjudication of all protests concerning campus parking violations in which the person charged files for a hearing. At the conclusion of the hearing, or not later than five days thereafter, the board shall file a report with the alleged violator, the business office, and the director of public safety. Such a hearing 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. The hearing board shall also be empowered to grant special parking privileges in addition to those designated in section 570.5 of this Part. It is the responsibility of the hearing board to recommend to the college council for approval the criteria to be used for granting special privileges.

(c) Request for hearing. Upon receipt of a campus parking ticket, the person committing the alleged violation may request a hearing by filing a written protest at the public safety office, Gregory Hall, within seven days. Protest forms will be provided. Should no hearing be requested within the seven-day period, the violation is proved and the fine shall stand. The hearing board shall notify the alleged violator and the director of public safety of the date, place and time of the hearing. At the conclusion of the hearing 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 and address of the alleged violator;

(2) the time and place when the complaint 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;

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

N.Y. Comp. Codes R. & Regs. Tit. 8 § 570.4