An administrative hearing to adjudicate the alleged vehicular standing and parking violations and vehicle compliance violations on its merits shall be conducted in accordance with the following provisions:
A. Persons Entitled To Hearings: The registered owner or operator of a vehicle cited for a vehicular standing and/or parking regulation violation or a vehicle compliance violation shall be entitled to an administrative hearing pursuant to section 11-208.3 of the Illinois Vehicle Code, as amended, and may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply. The lessee of the cited vehicle shall also be entitled to an administrative hearing pursuant to section 11-1306 of the Illinois Vehicle Code, as amended, both statutory provisions being incorporated into this chapter by reference.
B. Hearing Dates: Hearing dates shall be at the date, time and place as is set forth in the citation issued and served, or such additional notices issued in accordance with this chapter.
C. Recordings: Hearings shall be recorded.
D. Failure To Appear: Persons who do not appear on their scheduled administrative hearing date shall have a default judgement entered against them.
E. Administrative Hearing Officer's Determination: Hearings shall result in a default judgment or a determination of liability or nonliability, made by the Administrative Hearing Officer, who shall consider facts, testimony and/or other evidence without the application of formal or technical rules of evidence.
The Administrative Hearing Officer shall, upon a determination of liability, assess fines and/or penalties in accordance with section 6-20-10 of this chapter.
The notice of the determination of the Administrative Hearing Officer shall be served either in person at the administrative hearing or by first class mail, postage prepaid. If mailed, service of the notice of determination shall be complete on the date the notice is placed in the United States mail.
F. Representation By Attorney: Persons appearing to contest the alleged vehicular standing and parking violation and vehicle compliance violation on its merits may be represented by counsel at their own expense, present witnesses, and cross examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents.
G. Review: The final determination of any matter which may be decided by the Administrative Hearing Officer may be reviewed as is hereinafter set forth. (Ord. 2018-98, 8-21-2018)