SUN-15-09-00004-P Proposed Amendments to the Traffic and Parking Regulations at the State University of New York College at Delhi

4/15/09 N.Y. St. Reg. SUN-15-09-00004-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 15

April 15, 2009

RULE MAKING ACTIVITIES

STATE UNIVERSITY OF NEW YORK

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SUN-15-09-00004-P

Proposed Amendments to the Traffic and Parking Regulations at the State University of New York College at Delhi

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of Part 574 of Title 8 NYCRR.

Statutory authority:

Education Law, section 360(1)

Subject:

Proposed amendments to the traffic and parking regulations at the State University of New York College at Delhi.

Purpose:

To make certain technical changes and amend existing regulations to fee schedules.

Text of proposed rule:

Section 574.5 is amended to read as follows:

§ 574.5 Penalties for violations.

(a) Any person who violates any applicable section of the Vehicle and Traffic Law shall be guilty of a misdemeanor or traffic infraction and shall be punished as provided in the Vehicle and Traffic Law. Such laws shall be enforced in any court having jurisdiction. A complaint regarding any violation of such laws shall be processed in accordance with the requirements of applicable law.

(b) Any person who violates regulations or rules approved by the college council shall be subject to a fine, revocation of campus registration, or other penalty provided after a hearing conducted by a hearing officer designated by the chief administrative officer.

(c) Such fine for each violation shall be [$25] $30 for the first and $40 for each subsequent violation. In addition, for each violation of regulations or rules related to handicapped parking areas, the fine shall be [$50] $150 for the first and each subsequent violation.

(d) Upon receipt of six campus traffic or parking violations during an academic year, a campus motor vehicle registration may be revoked for the balance of the academic year.

(e) Any vehicle parked on campus in violation of this Part may be towed away and stored at the expense of the owner of the vehicle.

Section 574.6 is amended to read as follows:

§ 574.6 Notice and processing of charges.

(a) A complaint regarding any violation of a campus rule approved by the college council 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 also indicate the amount of the fine imposed for the violation, and advise that if the person charged does not dispute the violation, such fine shall be paid as designated by the college administration within five calendar days. Fines not collected within the designated time may be deducted from the salary or wages of an offending officer or employee of the college or college-related organization. Grades and transcripts may be withheld until all fines are paid in the event fines are not collected within the designated time from an offending student of the college.

(3) The notice shall recite that [a hearing] an appeal may be requested within [72 hours] five working days after service of the charges by appearing in person at the [offices of the campus public safety director] SUNY Delhi University Police Office.

(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] file an appeal within the prescribed time frame, the complaint is proved and shall warrant such action or penalty as may [then] be deemed appropriate.

(b) The director of campus public safety shall serve as a hearing officer to hear complaints for violation of campus traffic and parking regulations enforceable on campus. The hearing officer 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 a hearing or not later than five days thereafter, the hearing officer shall file a decision and report in such location as may be designated by the [chief administrative officer] vice president for student life. 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) 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.

(d) In the event that the decision of the hearing officer is that the alleged violator is guilty, the violator may appeal the decision within 72 hours after notification of the decision by filing a written appeal with the vice president for [administration] student life of the college. Within 72 hours after receipt of the appeal, the vice president for [administration] student life will transmit the appeal to a hearings appeal board for appropriate action. The decision of the hearings appeal board shall be final and shall be promptly transmitted to the appellant.

(e) The hearings appeal board shall consist of three members of the college community appointed by the president of the college.

Section 574.7(d) is amended to read as follows:

§ 574.7 Traffic controls.

(d) The following intersections are designated at STOP intersections:

Intersection of	With stop sign on	Entrance(s) from
(1) NYS Route 10	south campus entrance	west
(2) Main campus roadway	south exit from parking lot I	west
(3) Main campus roadway	north exit from parking lot I	west
(4) Main campus roadway	roadway west of Bldg. #32	west
(5) Main campus roadway	roadway from service area between Bldgs. #32 and #8	west
(6) Roadway from service area between Bldgs. #32 and #8	exit from parking lot H	north
(7) Main campus roadway	south exit from parking lot E	east
(8) Main campus roadway	roadway from Bldg. #6	west
(9) Main campus roadway	roadway from Bldgs. #5 and #28	west
(10) Main campus roadway	north exit from parking lot E	east
(11) Main campus roadway	roadway southwest of Bldg. #16	west
(12) Main campus roadway	main campus roadway from northwest (back roadway)	northwest
(13) Main campus roadway	roadway from parking lot G	southeast
(14) Main campus roadway	exit from parking lot A	west
(15) Main campus roadway	exit from parking lot D	north
(16) Main campus roadway	exit from parking lot B	north
(17) Main campus roadway	roadway from Bldg. #9 and parking lot J	east
(18) Main campus roadway	roadway from service area between Bldgs. #8 and #32	east
(19) NYS Route 10	north (main) campus entrance	west
(20) Back River Road [FN*]	automotive service yard	west
(21) Back River Road [FN*]	farm service roadway	west
(22) Main campus roadway	south exit from parking lot K	east
(23) Main campus roadway	north exit from parking lot K	east
(24) Main campus roadway	exit from Murphy service area	east
(25) Main campus roadway	exit from Field House parking area	east

FN* Back River Road is a Town of Delhi roadway at the intersections indicated.

Text of proposed rule and any required statements and analyses may be obtained from:

Lisa S. Campo, State University of New York, System Administration, State University Plaza, S325, Albany, NY 12246, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: Education Law § 360(1) authorizes the State University Trustees to make rules and regulations relating to parking, vehicular and pedestrian traffic and safety on the State-operated campuses of the State University of New York.

2. Legislative objectives: The present measure makes technical amendments to the parking and traffic regulations applicable to the State University of New York College at Delhi and also will increase allowable fines for violation of parking regulations.

3. Needs and benefits: Parking fine thresholds applicable to violation of campus parking regulations have not been changed for a number of years. In the meantime, many municipalities have increased parking fines for violation of local parking ordinances, particularly for violation of handicapped parking rules. The increase proposed here will allow SUNY Delhi to have their fines increased to levels comparable to local municipal rules, thus strengthening incentives to avoid violation of campus parking rules.

4. Costs: Individuals who violate the parking rules will experience higher fines.

5. Local government mandates: None.

6. Paperwork: None.

7. Duplication: None.

8. Alternatives: There are no viable alternatives.

9. Federal standards: There are no related Federal standards.

10. Compliance schedule: SUNY Delhi will notify those affected as soon as the rule is effective. Compliance should be immediate.

Regulatory Flexibility Analysis

No regulatory flexibility analysis is submitted with this notice because this proposal does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments. The proposal addresses internal parking and traffic regulations on the campus of the State University of New York College at Delhi.

Rural Area Flexibility Analysis

No rural area flexibility analysis is submitted with this notice because this proposal will not impose any adverse economic impact on rural areas or impose any reporting, record keeping or other compliance requirements on public or private entities in rural areas. The proposal addresses internal parking and traffic regulations on the campus of the State University of New York College at Delhi.

Job Impact Statement

No job impact statement is submitted with this notice because this proposal does not impose any adverse economic impact on existing jobs or employment opportunities. The proposal addresses internal parking and traffic regulations on the campus of the State University of New York College at Delhi.