§ 26-306. Hearing procedures.

(a)

Hearings may be held at any time after giving the notice required by this section. All hearings shall be open to the public.

(b)

The Mayor shall recommend and City Council shall designate by resolution existing staff to serve as the clerk to the Local Hearing Officer. A Local Hearing Officer shall not be authorized to hire or use the services of any person except those provided by the City.

(c)

The Traffic Infraction Enforcement Officer shall provide the clerk to the Local Hearing Officer a copy of the notice of violation, the recorded images and any other notice of violation data within 14 days after receipt of a request for hearing pursuant to this article.

(d)

Notice of hearing shall be provided by first class mail at least 20 days before the hearing.

(e)

Cases on the agenda for a particular day shall be heard. All testimony shall be under oath and shall be recorded. The Local Hearing Officer shall take testimony from the Traffic Infraction Enforcement Officer, the petitioner and any other person with relevant information to the notice of violation. The Local Hearing Officer shall review the recorded images. The Local Hearing Officer shall not be bound by the formal rules of evidence; however, he or she shall act to ensure fundamental due process in each case.

(f)

The hearing may be continued once as provided by State law. Any petitioner may cancel his or her hearing by paying the $158.00 penalty plus $50.00 in administrative costs before the start of the hearing. This information including where to make payment and the accepted forms of payment is set forth in the notice of hearing.

(g)

At the conclusion of each hearing, the Local Hearing Officer shall determine whether a violation of State law has occurred, in which case the Local Hearing Officer shall uphold or dismiss the violation, and issue a final administrative order. If the violation is upheld, the final administrative order shall order that the petitioner is required to pay the penalty of $158.00 and shall also order that the petitioner is required to pay administrative costs established by the POD.

(h)

The final administrative order may be hand delivered to the petitioner and shall be mailed to the petitioner by first-class mail.

(i)

If the petitioner fails to appear at the hearing or if the petitioner fails to comply with the final administrative order upholding the violation within the time provided, the clerk to the Local Hearing Officer shall notify the Department of Highway Safety and Motor Vehicles as required by State law.

(Ord. No. 76-H, § 1, 6-20-2013)