Current through Reg. 50, No. 187; September 24, 2024
(1) The Alachua
County Court has jurisdiction over all criminal traffic violations and all
traffic infractions as defined in Chapter 316, F.S.
(2) The University Traffic Authority, which
consists of the Student Traffic Court, the Staff and Faculty Traffic Authority,
the University Hearing Authorities, and the Suspension Appeals Authority, as
described in this rule, has jurisdiction over all violations of the University
rules and regulations governing traffic, parking and vehicle registration on
campus.
(3) No person who is
delinquent in the payment of a penalty is permitted to register his/her vehicle
for operation on the campus. No student who is delinquent in the payment of a
penalty is permitted to register at a state university, to receive a degree, or
to obtain an academic transcript during such delinquency.
(4) Citation Appeals Procedure:
(a) Persons who wish to appeal the citation
of a parking violation must file a Statement of Appeal with Transportation and
Parking Services within twenty (20) business days from the date of the
citation. Failure to file an appeal within the twenty (20) business days of the
date of the citation will result in the person's forfeiture of the right to
appeal the citation. A Statement of Appeal shall include the appellant's name,
mailing address, University identification number (if applicable) and citation
number and should include all information concerning the circumstances of the
cited offense as well as the basis claimed for requesting dismissal of the
charges.
(b) An Administrative
Hearing Officer who is a member of the Student Traffic Court (for students) or
the Staff and Faculty Traffic Authority (for all faculty, staff or visitors)
will adjudicate the initial appeal of a parking citation.
(c) If the initial ruling by the
Administrative Hearing officer is unacceptable to the appellant, a second
appeal may be requested before a University Hearing Authority. The statement of
Appeal to a University Hearing Authority must be filed with Transportation and
Parking Services within twenty (20) business days from the date of the decision
of the Administrative Hearing Officer. Failure to file the appeal in a timely
manner will result in the person's forfeiture of the right to appeal the
citation to a University Hearing Authority. Transportation and Parking Services
will place the Statement of Appeal on the agenda of the earliest possible
scheduled meeting of a University Hearing Authority and shall give the
appellant written notice of the date, time and location of the hearing at which
the Authority will consider the case. During the course of the hearing by the
Authority, the appellant shall have an opportunity to present evidence in
support of the information contained in the Statement of Appeal. In order to
request a hearing, the appellant will be required to pay his or her parking
citation. This payment will be refunded to the individual if the University
Hearing Authority rules in the appellant's favor.
(d) Requests for continuances of the
scheduled hearing date are discouraged, but will be granted only once upon
written notification to the Administrative Hearing Officer or chair of the
assigned University Hearing Authority of extenuating circumstances justifying a
continuance at least 24 hours prior to the scheduled hearing time. Persons
failing to obtain a continuance and who do not appear for their scheduled
hearing will forfeit their right to a hearing and shall have their appeal
adjudicated upon the record before the Authority.
(5)
(a)
Student Traffic Court, through its duly appointed Administrative Hearing
Officer, shall have jurisdiction over the initial appeal of citations issued to
students. The Student Traffic Court, a division of Student Government, will
consist of a Chief Justice and twelve other student Administrative Hearing
Officers appointed by the Student Body President with the consultation of the
Vice president of Student Affairs.
(b) In those cases in which a student files
an appeal, a Student Traffic Court Administrative Hearing Officer determines
whether such student is guilty or innocent of the charge. The Administrative
Hearing Officer will reduce the monetary or restrictive penalty if he or she
finds that the violation does not represent a repeated pattern of behavior by
the violator, full imposition of the monetary or restrictive penalty would
result in unnecessary hardship or burden or reduction would be in the best
interest of the University.
(6)
(a) The
Staff and Faculty Traffic Authority shall have jurisdiction over the initial
appeal of citations issued to all employees and visitors. The Staff and Faculty
Traffic Authority will consist of employee (as defined in rule
6C1-3.006, F.A.C.)
Administrative Hearing Officers appointed by the President of the University or
the President's designee.
(b) In
those cases in which an employee or visitor files an appeal, an Administrative
Hearing Officer from the Staff and Faculty Traffic Authority determines whether
such person is guilty or innocent of the charge. The Administrative Hearing
Officer will reduce the monetary or restrictive penalty if he or she finds that
the violation does not represent a repeated pattern of behavior by the
violator, full imposition of the monetary or restrictive penalty would result
in unnecessary hardship or burden or reduction would be in the best interest of
the University.
(7)
(a) University Hearing Authorities shall have
jurisdiction over the second appeal of citations issued to all faculty, staff,
students and visitors. Each University Hearing Authority shall consist of a
chairperson, two university employees and two students, all of whom are
Administrative Hearing Officers. One-half of the chairpersons shall be student
Administrative Hearing Officers, and one-half shall be employee Administrative
Hearing Officers. Members of each University Hearing Authority will be selected
by the Vice President for Finance and Administration or the Vice President's
designee.
(b) In those cases in
which a person files an appeal of the decision of an Administrative Hearing
Officer, the person may choose to be present at the meeting of the University
Hearing Authority to which the appeal is assigned and shall have the
opportunity to present evidence in support of the information contained in the
Statement of Appeal. The University Hearing Authority determines whether the
individual is guilty or innocent of the charge. The University Hearing
Authority will reduce the monetary or restrictive penalty if it finds that the
violation does not represent a repeated pattern of behavior by the violator,
full imposition of the monetary or restrictive penalty would result in
unnecessary hardship or burden, or reduction would be in the best interest of
the University. A simple majority of the University Hearing Authority will
constitute a quorum, and decisions of a majority of such quorum shall be
final.
(8) The Suspension
Appeals Authority shall have jurisdiction over all staff, faculty and students
whose driving and parking privileges have been suspended pursuant to subsection
6C1-3.014(4),
F.A.C. The Authority shall be appointed by the President of the University. It
shall consist of three (3) students and three (3) members selected from staff,
faculty and Technical, Executive, Administrative, and Managerial Support
(TEAMS) personnel of the University and employees of Shands Teaching Hospital
and Clinics, Inc. One member of the Authority will be appointed chairperson by
the President. Three members of the Authority will constitute a quorum and
decisions of a majority of such quorum shall be final.
(9) Impoundment Appeal Procedure.
(a) Persons whose vehicle has been impounded
shall have the right to a probable cause hearing before an impartial hearing
officer or committee appointed by the President or the President's designee
provided a timely request is made therefor. The purpose of the hearing is to
determine if there is probable cause for continued detention of the vehicle. No
hearing will be held unless requested in writing by the owner of the vehicle or
his/her agent at the University Police Department or Transportation and Parking
Services. The hearing shall be held within seventy-two (72) hours from receipt
of said written request. In lieu of the probable cause hearing, or pending such
hearing, or if probable cause is found at such hearing, the owner of the
vehicle or his/her agent may obtain release of the vehicle by paying the
impound charges and delinquent fines.
(b) If the hearing officer or committee finds
probable cause to impound the vehicle, the individual is then given the
prerogative of appealing the citation to a University Hearing
Authority.
(c) If no probable cause
is found to impound the vehicle, it shall be released without requiring the
owner to pay impound charges. If the vehicle was previously released upon
payment, as provided in paragraph (9)(a) above, such payment shall be
refunded.
(d) Failure to request a
probable cause hearing within fifteen (15) calendar days from the date the
notice of impoundment is received constitutes a waiver of said hearing and the
vehicle shall be released only upon payment of the impound charges and
delinquent fines.
Rulemaking Authority
1001.74(4),
1006.66(2) FS.
Law Implemented 1001.74(35),
1006.66
FS.
New 9-29-75, Amended 8-19-79, 8-12-82, 3-6-85, Formerly
6C1-3.15, Amended 2-9-87, 5-14-87, 4-27-88, 4-23-89, 5-7-92, 5-19-93, 7-11-94,
4-30-95, 6-28-98, 6-7-00, 1-12-05.
