N.Y. Comp. Codes R. & Regs. tit. 8 § 586.6

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

Section 586.6 - Notice, hearing and disposition

(a) A complaint (traffic ticket) regarding any violation of the State Vehicle and Traffic Law or any traffic ordinance which a locality is permitted to adopt shall be processed in accordance with the requirements of applicable laws.

(b) A complaint (parking ticket) regarding any violation of a campus rule approved by the board of trustees shall recite the time and place of the violation and the title, number or substance of the applicable rule.

(1) The complaint (parking ticket) 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 (parking ticket) shall also indicate the fine schedule for the violation and advise that, if the person charged does not dispute the violation, such fines must be paid at the office of the bursar within seven calendar days of the date of issuance.

(3) The complaint (parking ticket) shall recite that a hearing to appeal the alleged violation(s) may be requested in writing within seven calendar days after being served with the ticket. The complaint (parking ticket) will indicate where the appropriate appeal forms may be attained.

(4) Should the alleged violator fail to appear at the time fixed for the hearing, or should no hearing be requested within the prescribed time, the complaint is proved an automatic guilty plea.

(5) Hearings shall normally be scheduled within two weeks of the date on which the appeal was filed. Adjournments and/or extensions may be granted by the hearing board.

(6) The decision of the appeals board is final.

(c) A hearing officer and/or board is designated by the chief administrative officer of the college to hear appeals for alleged violations of campus traffic and parking regulations. Such hearing officer and/or board shall not be bound by the technical rules of evidence, but may hear or receive any testimony or evidence directly relevant and material to the issues presented.

(d) At the conclusion of the hearing, or not later than five days thereafter, such hearing officer or board shall file a decision and report. A notice of the decision shall be promptly transmitted to the violator. The report shall include:

(1) the name and address of the defendant;

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

(3) the campus rule violated;

(4) the 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 § 586.6