N.Y. Comp. Codes R. & Regs. tit. 8 § 580.10

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

Section 580.10 - Hearing and determination of charges

(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 shall be served upon the violator or 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 traffic office of the campus public safety office within five days.

(3) The complaint shall recite that a hearing may be requested within five days, Monday through Friday (excluding Saturday, Sunday and holidays), after service of the charges by appearing in person at the office of the director of public safety or such other place as may be designated by the council.

(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.

(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 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) 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; and

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

N.Y. Comp. Codes R. & Regs. Tit. 8 § 580.10