Ohio Admin. Code 3335-21-08 - Assessments and disciplinary action

(A) Option to pay assessment or appeal. Any person receiving a notice of violation of any of the provisions of these rules regulations this chapter for which payment of an assessment may be made to transportation and the parking services operator shall have the option of paying such assessment within the time specified in the notice of violation at the office of the department or appearing at the office of the department within the time specified in the notice of violation and parking operator or filing a written an appeal for final disposition of the alleged violation in accordance with the appeals procedure provided for in these rules as established by the parking operator .

(B) Payment of assessment. The payment of an assessment to the department parking operator shall be deemed an acknowledgement of the violation of these regulations university rules and a breach of contract pursuant to any registration with the university, and the department parking operator , upon accepting the prescribed assessment, shall issue a receipt to the violator acknowledging payment thereof

(C) Failure to pay assessments; revocation of privileges; collection of debt. If a person upon whom a notice of violation is served, or the owner of a vehicle upon which a notice of violation is placed, fails, within fifteen days after service of such notice, to pay the prescribed assessment or to request an appeal, as provided for in this chapter, or fails to pay the prescribed assessment as affirmed on appeal, transportation and the parking services operator may initiate a procedure to enforce the university's contract with or discipline regulations and obtain the assessment against any student, or to enforce the university's contract with any faculty member, staff member, employee or agent of the university, by revoking the parking privileges on campus or by revoking or withholding any of the benefits appertaining to students, employees, faculty or agents by virtue of their relationship with the university or any visitor. In addition, for any unpaid assessment found to be applicable as liquidated damages to the university, the university may bring suit in any court of competent jurisdiction for the collection of the debt.

(D) Ultimate disciplinary action Appeals. In any event, and in addition to other powers of enforcement, any faculty member, employee, student or agent violating any provision of these rules shall be subject to such disciplinary action by university authorities as may be provided by the bylaws of the board of trustees, the rules of the university faculty, the code of student conduct or other applicable university rules, as may be deemed appropriate by the disciplinary authorities as provided in such rules. Transportation and parking services is hereby authorized and directed to initiate such disciplinary procedures in cases provided in these rules or in such cases as deemed appropriate under such rules. Any person upon whom or upon whose motor vehicle a notice of violation (citation) has been served may, within fifteen days of such service, elect to appeal such citation by filing an appeal. Parking violations shall be appealed to the parking operator. Appeals may be submitted in any manner acceptable to the parking operator. The appeal shall contain, among other things, the identification of the violation notice (citation) and any facts or circumstances relevant to the merits of the appeal. The parking operator shall judge the appeals in accordance with the concession agreement. Non-parking violations may be appealed in the manner prescribed by the university.

Notes

Ohio Admin. Code 3335-21-08

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 8/2/82, 7/1/03