Violation Appeals

- Any person receiving
a violation notice shall have fifteen calendar days from the date
of issuance to settle the citation either by paying the fine
according to the current schedule, and/or appeal to the appropriate
Appeal Authority. Failure to apply for an appeal within the fifteen-day limit will result in forfeiture of the right to appeal
and the ticket must be paid including late charges.
- Violations of the Vehicle & Traffic Law requires the appellant to appear in person before the Appeal Board and come prepared to pay the amount due on violation. If the violation is upheld and payment is not made the same day a surcharge will be assessed.
- Except as noted
in below *, the Board is the authority to adjudicate appeals
for all Violation Notices (tickets) that are issued. This Board,
appointed by the Appeals Board Administrator from students,
faculty and staff nominations, shall consist of ten (10) members.
Three members constitute a quorum for all meetings, with a limit
of 6 at any one meeting. At least 1 student along with the Appeals
Board Administrator will be present at all meetings. Members
are appointed for a one year term. The Board meets on a regularly
scheduled basis of not less than once per month.
- If an appeal is
denied, the fine must be paid within 15 calendar days of the
decision, or late charges will accrue according to fine schedule.
** Motor
vehicle violation Notices (tickets) which are issued when
a motor vehicle is impounded, along with the cost of impoundment
and late charges, may be appealed only to the Parking Services
Office.
Procedures
1. Public Safety/Parking
Services Office staff are available to assist visitors, students,
staff and faculty who wish to contest a parking ticket. If it
is determined that no violation occurred, the ticket and fines
will be dismissed.
Appeal
Form*
(*In order to view
this document, you must have the Adobe® Acrobat® Reader installed
on your computer. The reader is free and can be downloaded from
the Adobe® Web site.)
2. Individuals desiring
to appeal a Violation Notice must obtain, complete and submit
form to the Parking Office within 15 calendar days of the date
of the violation. (A letter can be substituted for the form.)
Only the operator of the motor vehicle who has incurred the
violation notice may appeal and/or appear in person to contest a
violation. An appeal date will be assigned if he/she wishes to appear in
person to plead case orally before the Board **.
3. The Board has the
authority, by majority action, to dispose of a case by: (1) upholding
the charge(s) completely; (2) upholding the charge(s) but reducing
the fine to whatever amount it feels is appropriate in light of
the extenuating circumstances; (3) reducing the charges to a lesser
offense; or (4) dismissing the charges completely. The decision
of the board shall be reduced to writing and a copy shall be furnished
to the appellant and kept on file in the Parking Office. The decision
of the board is final without further right of review by the appellant.
The Appeal Board does not have the authority to make or change
these regulations.
* Where
the person filing an appeal fails to appear at the hearing
after stating that he or she will do so , the Board shall
not be required to grant a continuance, but may choose to
deny or uphold the appeal upon reviewing the statements written
on the appeal form by the appellant.
Basis: Except
in rare and unusual circumstances, the only proper basis for an
appeal is contention that the cited regulations were not violated.
It is no excuse that the individual "thought it wasn't a violation",
"did not mean to violate a regulation" or "saw other vehicles
doing the same thing." The issue on an appeal is whether or not
the cited regulation was violated. It is strongly encouraged
that the appellant include supporting evidence, i.e., documentation,
statements from witnesses. In the absence of such supporting evidence,
the Board shall be strongly inclined to accept the validity of
the ticket as written. |