(A) Administrative adjudication provided. It is hereby declared to be the policy of the City of Fort Wayne that parking citations which are not resolved pursuant to the enforcement procedures of Chapter 39: Ordinance Violations Bureau may be subject to enforcement in administrative proceedings as provided in this section.
(B) Hearing Officers; appointment and term; qualifications; conduct.
(1) The administrative adjudication of a parking citation under this section shall be presided over by a Hearing Officer appointed by the Mayor. The Mayor may appoint more than one Hearing Officer for contemporaneous terms, as necessary to address in an expeditious manner all parking citations referred to them pursuant to this section. Nothing in this section shall prohibit an individual who is an employee of the city from being appointed or serving as a Hearing Officer.
(2) A Hearing Officer shall be appointed for a term of one year and until a successor is appointed, but shall serve at the pleasure of the mayor. A Hearing Officer may be reappointed for successive terms.
(3) A Hearing Officer shall not preside over a hearing if the Hearing Officer believes he or she is subject to disqualification, or if by motion of any party it appears that the Hearing Officer is subject to disqualification, for:
(a) Bias, prejudice, or personal interest in the outcome of a hearing;
(b) Knowledge of a disputed evidentiary fact which might influence the decision;
(c) Failure to dispose of any motion or hearing in an orderly and reasonably prompt manner after written request by a party; or
(d) Any cause for which a judge of a court may be disqualified.
(4) Except as to the subjects of hearing schedules and procedures, a Hearing Officer who does the following is disqualified under this section:
(a) Comments publicly on a hearing over which the Hearing Officer presides; or
(b) Communicates directly or indirectly with a party or other individual who has an interest in the outcome of a hearing, without notice and opportunity for all parties to
participate in the communication;
(C) Notice of administrative hearing.
(1) Whenever the Violations Clerk reports to the City Attorney that a person upon whom a parking citation was served pursuant to this chapter has:
(a) Appeared and denied the violation; or
(b) Failed to appear at the Ordinance Violations Bureau within 30 days of issuance of the citation; or
(c) Failed to pay the specified civil penalty within 30 days after admitting the violation; the City Attorney may either file an enforcement action in court, or issue a notice of administrative hearing to the person upon whom the citation was served or to the person who is listed with the Indiana Bureau of Motor Vehicles as the registered owner of the vehicle identified on the citation.
(2) Service of notice of administrative bearing shall be by United States mail to the respondent's last known address, or by personal service. Service on an artificial person or a person incompetent to receive service shall be made on a person allowed to receive service under the rules governing civil actions in the courts. The Violations Clerk shall keep a record of the time, date and manner of service.
(3) The Violations Clerk shall cause a copy of each notice issued pursuant to this section to be delivered to the Hearing Officer who will preside over the hearing.
(4) Each notice of administrative hearing shall include the following information:
(a) A caption for the hearing, which shall include the name of each party expected to participate in the hearing, and an official file or other reference number;
(b) A statement of the date, time and place of the hearing;
(c) A statement of the nature of the hearing, including the legal authority under which the hearing is to be held, and the parties' procedural rights at the hearing;
(d) A statement of the date, time and place of each alleged violation as stated on the parking citations, and the maximum penalty that can be imposed thereupon;
(3) The official title and mailing address of the Hearing Officer and a telephone number through which information concerning the bearing may be obtained;
(f) The official title, mailing address and telephone number of the person who has been designated to appear on behalf of the city; and
(g) A statement that a party who fails to respond to the notice of the hearing, or to participate in the hearing, may be held in default.
(5) Notice of administrative hearing shall be issued at least 20 days prior to the date of the hearing.
(D) Prehearing procedures.
(1) Prior to the hearing, the Hearing Officer shall give the parties an opportunity to file documents or motions regarding matters such as continuances, discovery, and any other preliminary matters. At the time of filing, a party shall serve a copy of all filed items on each other party.
(2) Motions for continuance shall be filed no later than seven days before the date assigned for the hearing, unless the reason therefor is shown by affidavit to have occurred within the seven-day period.
(3) The Hearing Officer, upon request by any party or upon the Hearing Officer's own initiative, may issue subpoenas and discovery orders in accordance with the rules of procedure governing subpoenas and discovery in judicial proceedings. The party seeking the subpoena or order shall cause them to be served in accordance with these rules of procedure.
(E) Hearing procedures.
(1) The Hearing Officer shall afford all parties the opportunity to participate in the hearing to the extent necessary for full consideration of all relevant facts and issues. A party may present evidence in the form of testimony, affidavits and documentation, engage in argument, and conduct cross-examination. A party may participate in person or by counsel at the party's own expense; if the party is not an individual or is incompetent to participate, then the party shall participate by a duly authorized representative.
(2) The city shall have the burden of proof that the respondent owned or operated a vehicle that was parked, stopped, or left standing as alleged on the parking citation, and the burden may be sustained by a preponderance of the evidence; provided, however, that a citation, or a copy thereof, issued and bearing the manual or electronic signature of the official issuing the citation shall be prima facie evidence of the correctness of the facts specified therein.
(3) The Hearing Officer shall conduct the hearing in an informal manner and without strict adherence to the technical rules of evidence and procedure which govern judicial proceedings. The Hearing Officer shall rule on the admissibility of any offer of proof, and on other motions, and shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds. The testimony of each party and witness shall be made under oath or affirmation.
(4) The Hearing Officer may take official notice of any section of this Code, and any law or fact that could be judicially noticed in the courts. The Hearing Officer may call witnesses and conduct direct and cross-examination of any witness.
(5) The Hearing Officer shall cause an audio recording of the hearing to be made at the expense of the city.
(F) Decision.
(1) Upon the conclusion of each hearing or as soon thereafter as possible, the Hearing Officer, shall render a decision which includes a determination whether the respondent violated the ordinance as alleged on the parking citation, the amount of civil penalty which must be paid for each violation with instructions on when and how payment shall be made, and a statement of the parties' right to petition for review of the decision.
(2) The decision shall be based exclusively upon the evidence of record in the hearing and on matters officially noticed therein. The Hearing Officer's experience and specialized knowledge may be used in the evaluation of the evidence.
(3) The Hearing Officer shall cause each decision rendered pursuant to this section to be memorialized on a minute sheet or similar written entry into the record.
(4) A decision rendered pursuant to this section may be modified by the Hearing Officer who rendered it, upon the Hearing Officer's own initiative or by motion of any party. Any motion to modify a decision shall be filed within 30 days after the date of the decision.
(G) Record of the hearing. The record of each hearing under this section consists of the following and shall constitute the complete and exclusive record for review of a Hearing Officer's decision:
(1) The notice of hearing;
(2) The parking citations, if available;
(3) Any documents or motions filed or entered into evidence;
(4) Any written orders, subpoenas, and decision of the Hearing Officer; and
(5) The audio recording of the hearing.
(H) Petition for review of decision; time limitation.
(1) A verified petition for review of the decision of a Hearing Officer, stating the alleged error and any factual or legal basis therefor, may be filed in the Circuit or Superior court of Allen County within 30 days after the day on which the decision is rendered. A party who does not file an appeal within this time period forfeits the right to appeal.
(2) Any party who files a verified petition for review shall within 15 days thereafter 18 secure from the Hearing Officer a certified copy of the record of the hearing, and file the 19 same with the Clerk of the Court.
(3) An extension of time within which to file the record may be granted by the court 21 upon a showing of good cause, which shall include the petitioner's inability to obtain the certified copy of the record with 15 days.
(4) The failure of a party to file a certified copy of the record or to secure an extension of time therefor shall be cause for dismissal of the petition for review upon motion of any party of record.
(I) Administrative hearing costs fee. For each action that results in judgment against respondent for violation of this chapter, the Hearing Officer shall impose an administrative hearing cost fee of $10.
(Ord. G-17-17, passed 6-27-17; Am. Ord. G-4-18, passed 3-13-18; Am. Ord. G-18-21, passed 11-23-21)