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(a) The respondent may request an administrative in-person hearing to contest a violation. The administrative in-person hearing shall be held before an administrative law officer appointed by the traffic compliance administrator and conducted in accordance with this section.
(b) The respondent may or, at his own expense, be represented by an attorney. An attorney who appears on behalf of any respondent shall file with the administrative law officer a written appearance on a form provided by the traffic compliance administrator for such purpose.
(c) The formal and technical rules of evidence shall not apply in the conduct of the hearing.
(d) All testimony shall be given under oath or affirmation, which shall be administered by the administrative law officer. The administrative law officer may issue subpoenas to secure the attendance and testimony of witnesses and the production of relevant documents; provided, however, that a respondent who appears by an attorney shall not be compelled to attend the hearing and may submit his testimony, if any, by affidavit. In addition, witnesses who have not been subpoenaed to attend the hearing may submit their testimony, if any, by affidavit.
(e) No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a violation notice, or a copy thereof, issued and signed in accordance with Section 9-100-030 or a notice of violation issued in accordance with Section 9-100-045 shall be prima facie evidence of the correctness of the facts specified therein.
(f) The administrative law officer may, on a showing of good cause, grant one continuance to a date certain.
(g) The traffic compliance administrator shall cause a record to be made of each hearing, and recording devices may be used for such purpose.
(Prior code § 27.1-8; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 10)