N.Y. Comp. Codes R. & Regs. tit. 8 § 577.4

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

Section 577.4 - Enforcement and penalties

(a) A complaint regarding any violation of the Vehicle and Traffic Law, or any traffic ordinance applicable on such premises shall be processed in accordance with the requirements of applicable law. A violation of any section of the Vehicle and Traffic Law shall be a misdemeanor or traffic infraction as designated in such law, and shall be punishable as therein provided.

(b) Violations of campus vehicle registration permit and university parking permit requirements shall be subject to a $15 penalty unless the vehicle is registered at the public safety office within five calendar days of issuance of the ticket.

(c) Violations of parking regulations which lead to a complaint issued by the public safety office are subject to fines of $15. Second and any subsequent violations shall be subject to a $25 fine.

(d) Unpaid fines. The university may withhold unpaid and unappealed fines from employees' paychecks and/or revoke parking privileges. All unpaid and unappealed student parking violations are entered on a delinquency list eight days after issuance. Grades, transcripts, and permission to register in courses may be withheld until fines are paid. All other violators may have parking privileges revoked. In cases of a vehicle which is being ticketed and has outstanding fines, a vehicular wheel immobilizer may be applied to render the vehicle inoperable. The wheel immobilizer will not be removed until unpaid violations and a service charge in an amount as determined by the chancellor or designee is paid.

(e) 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 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. 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 name 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 § 577.4