The registered owner of the vehicle cited in a violation notice shall have the opportunity for an administrative hearing in accordance with this section in which said owner may contest the merits of the alleged violation. The administrative hearing shall be on the date, and at the time and place set forth in the written notice of hearing as issued by the traffic administrator to the person requesting the hearing. The lessee of a vehicle cited in a violation notice likewise shall be afforded the opportunity for an administrative hearing of the same kind afforded the registered owner. Any request for an administrative hearing in accordance with this section shall be made in writing within twenty one (21) days of service of the violation notice. The formal or technical rules of evidence shall not apply at any such hearing. Such hearings may be recorded. Evidence including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. The administrative hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant documents. Persons appearing at such a hearing may be represented by counsel at their own expense. A finding of liability by the administrative hearing officer is subject to judicial review by way of an action for administrative review filed in the circuit court of the county in accordance with section 3-101 et seq., of the code of civil procedure 1 . Any person filing for judicial review pursuant to this section shall be subject to the assessment of costs for the preparation and certification of the record of proceedings before the hearing officer. Such costs shall be assessed at twenty five dollars ($25.00) for the first page of the transcript and five dollars ($5.00) for each page thereafter. Any failure to pay such fee shall subject the party seeking review to the provisions of 735 Illinois Compiled Statutes 5/3-109, including dismissal of the complaint and other applicable results. (Ord. 2009-16, 6-9-2009)
Notes
| 1 | 2. 735 ILCS 5/3-101 et seq. |