Appeal Process

PART IX Basis of Appeal

A valid appeal can only be based:

(a) on the contention that a violation ticket was issued contrary to these regulations, or

(b) on the contention that a violation ticket was issued in error, or

(c) on proof of extenuating circumstances.

Acceptance of the University of New Brunswick Traffic and Parking Regulations is acknowledged at the time when application for a parking permit is made, and therefore claimed ignorance of the regulations does not constitute grounds for an appeal.

Part X Level I Appeals: Appeals Heard Before The Director of Security

1. A person (hereinafter referred to as the appellant), who has been issued a violation ticket or who has had a vehicle impounded may make an appeal to the Director of Security or before an alternate designated by the Director.

2. The appeal:

(a) must meet at least one of the grounds for appeal found in Part IX;

(b) must be in writing fully articulating the grounds and rationale for the appeal and must be signed by the appelant;

(c) must be recieved at the office of the Director of Security no later than two (2) days after the date of the alleged violation; and

(d) accompanied by proof of payment of the fine.

3. The Director of Security:

(a) may allow for the appellant to explain their position in person, if they request to do so; and

(b) shall consider all relevant material before making a decision (such as the appellents written submission. the appelents position if they make an oral case, the violation notice as well as information from the issuing patrol member including verbal evidence, notes, photographs, etc.).

4. At the conclusion of the appeal process, after considering the evidence presented, the Director of Security or the alternate designated by the Director of Security shall either:
(a) Confrim the action taken; or
(b) Dismiss the action taken and declare that the fine(s) paid by the appelent be reimbersed and, if a tow-away was involved, recommmend the University reimberse the appelent for tow-away charges on presentation of the reciept(s).

5. Notwithstanding the foregoing, the Director of Security may establish an appropriate procedure and is not bound by any rules of evidence.


Part XI Level II Appeals: Appeals Heard By The Appeal Board

1. Where an appellant is not satisfied with the decision made by the Director of Security, the appellant may appeal that decision by paying the hearing fee in Schedule "C" and requesting a hearing before an standing Appeal Board composed of:

(a) two persons appointed annually by the President of the University; and

(b) one person appointed annually by the President of the Student Union.

The standing Appeal Board shall be chaired by an individual chosen by and from those appointed.

2. A request for hearing must be:

(a) in writing and signed by the appellant;

(b) forwarded by mail or hand delivered to Financial Services, Student Accounts & Receivable Services;

(c) received at the office of Financial Services, Student Accounts & Receivable Services no later than 5 days after the rendering of the decision by the Director of Security.

3. A date for hearing of the appeal shall be established by the Appeal Board and written notice of the time, date and location of the hearing of the appeal shall be forwarded to the appellant and Director of Security either by certified mail or by hand.

4. At a hearing before the Appeal Board, evidence may be presented by the appellant and the Director of Security or by their respective agents.

5. At the conclusion of a hearing and after considering the evidence presented, the Appeal Board shall either:

(a) confirm the action taken; or

(b) dismiss the action taken, and direct that both the hearing fee and the fine(s) be reimbursed, and if a tow-away was involved, recommend the University reimburse the appellant for tow-away charges on presentation of the receipt(s).

6. Notwithstanding the foregoing, the Appeal Board may establish its own procedure and is not bound by any rules of evidence.

7. Two members of the Appeal Board shall constitute a quorum.

*A printed copy of these regulations can be obtained at the main Security Office in the Wu Center free of charge.*