Or. Admin. Code § 573-050-0045
Current through Register Vol. 63, No. 11, November 1, 2024
Section 573-050-0045 - Enforcement and Appeals(1) Campus regulations are in effect 24 hours a day, seven days a week. Including summer term and holidays. Except when parking permits are not required (as stated in OAR 573-050-0030).(2) Tow-away zones will be enforced 24 hours a day, seven days a week.(3) All penalties prescribed in OAR 573-050-0040 will be administratively enforced by Southern Oregon University. Violators will receive a parking citation of offense, together with the scheduled fine for said violation, in accordance with the penalties set forth in OAR 573-050-0040.(4) After receipt of a parking citation, the individual must, within fifteen calendar days of the date of the citation, file a request for a hearing before the CPS/Parking director or pay the appropriate fine. First appeals will be reviewed monthly by the CPS/Parking director; or by another CPS representative that the director appoints in his absence. Second appeals will be reviewed by the TPPC board. Appellants may appear in person to speak on their behalf at both first and second appeals. Only the President or Vice President of Finance and Administration has the authority to overrule a second appeal decision. (5) Any University personnel or students issuing a Guest permit may contact Parking Services (at the Enrollment Services Center in Britt Hall) to transfer responsibility for citations received by their guests to themselves. This in no way implies the fine will be suspended, only that the guest will not be billed or pursued to pay the fine. The University personnel or students will be responsible and have all avenues of appeal available as if the citation were issued to them personally. (6) Any person wishing to take a case before the CPS/Parking director must prepare a Petition for Appeal of Traffic Violation for a hearing indicating why the citation should be adjudicated. The petition form, available from Parking Services, must be completed online and submitted to parking services within fifteen calendar days of the citation date.(7) A person appealing the citation may appear before the CPS/Parking Director to present his/her case. If the appellant does not wish to appear in person, for reasons he/she may specify, the written appeal will be reviewed by the CPS/Parking Director, which shall render judgment. The appellant shall be notified by mail or email of the decision of the CPS/Parking Director.(8) The party appealing the citation may have legal counsel to present his/her case at both the first and second appeal hearings.(9) In adjudicating appeals, the CPS/Parking Director shall have full authority to do the following: (a) Dismiss the violations; (b) Find the individual not guilty of the charges of the citation;(c) Find the individual guilty of the violation and either impose a lesser fine, or apply an administration fee of $10.(d) Enter a finding of guilty without imposing any fine; issue a reprimand or warning; or impose a fine. (10) The decision of the CPS/Parking Director may be appealed a second and final time to the Transportation Planning and Parking Committee (TPPC) by appealing the citation online within ten calendar days following the decision of the CPS/Parking Director. Parking Services will also have an opportunity to submit a written statement concerning the issuance of the citation.(11) Once the CPS/Parking Director makes the decision on an appeal for a parking citation, the appellant will have ten calendar days from the decision date to appeal the Director's decision further via the TPPC. After a decision has been made on the second appeal, the appellant has ten calendar days to pay any amount owed before it is charged to his/her account.(12) The student's right to register for classes may be denied if any fines owing under these regulations remain unpaid.(13) A student who fails to pay the University for any outstanding fine will have the fine charged to his/her account. Non-students who fail to pay any outstanding fines may be subjected to University collection policies and practices of up to and including assignment to an outside collection agency.(14) Students leaving or graduating from the University will continue to be responsible for parking fines owed to the University, as long as such fines can be identified as belonging to the student(s) responsible.(15) A faculty or staff member who fails to pay the University for any outstanding parking fines may have the fine deducted from his/her payroll check 30 days after written notice of the outstanding fines.(16) Vehicles having outstanding parking fines may be denied issuance of a replacement or new parking decal.Or. Admin. Code § 573-050-0045
SOSC 5, f. & ef. 9-2-76; SOSC 4-1979, f. 8-8-79, ef. 9-1-79; SOSC 5-1980, f. & ef. 8-19-80; SOSC 3-1981, f. & ef. 9-9-81; SOSC 4-1982, f. & ef. 7-28-82; SOSC 6-1983, f. & ef. 8-23-83; SOSC 2-1984, f. & ef. 8-14-84; SOSC 8-1985, f. & ef. 8-12-85; SOSC 3-1986, f. & ef. 7-22-86; SOSC 5-1987, f. & ef. 9-8-87; SOSC 4-1989, f. & cert. ef. 9-19-89; SOSC 3-1990, f. & cert. ef. 5-31-90; SOSC 4-1991, f. & cert. ef. 6-11-91; SOSC 3-1993, f. & cert. ef. 5-21-93; SOSC 2-1996, f. & cert. ef. 8-2-96; SOU 2-1997, f. & cert. ef. 8-26-97; SOU 2-1998, f. & cert. ef. 7-16-98; SOU 1-1999, f. & cert. ef. 5-7-99; SOU 2-2000, f. & cert. ef. 6-9-00; SOU 1-2001, f. & cert. ef. 4-4-01; SOU 2-2002, f. & cert. ef. 6-28-02; SOU 1-2004, f. & cert. ef. 4-5-04; SOU 1-2005, f. & cert. ef. 4-11-05; SOU 3-2006, f. & cert. ef. 6-29-06; SOU 3-2007, f. & cert. ef. 7-23-07; SOU 5-2008, f. 6-4-08, cert. ef. 6-5-08; SOU 3-2009, f. 10-1-09, cert. ef. 10-4-09; SOU 3-2010, f. & cert. ef. 6-8-10; SOU 2-2016, f. & cert. ef.5/4/2016; SOU 15-2016, f. & cert. ef. 12/6/2016Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360