Subject to the provisions of ILCS Ch. 625, Act 5, § 11-20.3, and in a manner consistent with other statutes or ordinances regulating administrative hearings, a registered owner or lessee may request an administrative hearing to review the imposition of the administrative penalty under this chapter.
(A) Request for hearing. A registered owner or lessee of any vehicle seized pursuant to this chapter may request a hearing within ten business days of the date of seizure and impoundment or by the service of the notice of seizure and impoundment, whichever is later.
(1) All requests for hearing shall be in writing and must include the following:
(a) The name and mailing address of the registered owner or lessee making the request for hearing;
(b) The name and mailing address of any registered owner or lessee having an interest in the seized vehicle;
(c) The make, model, and registration number of the vehicle seized;
(d) The date and location of the seizure; and
(e) The identity of the driver who was operating or in control of the vehicle at the time of seizure.
(f) All requests for hearing must be delivered to the Fulton Police Department by personal service.
(B) Waiver of hearing. Unless the registered owner or lessee properly delivers a request for hearing within the time allowed under this chapter, said hearing shall be deemed waived, and any right to an administrative hearing shall be forfeited.
(C) Notice of administrative hearing. Upon receiving a request for hearing, the Chief of Police, or his or her designee, shall provide written notice that the vehicle shall remain impounded pending the completion of an administrative hearing, unless the registered owner, lessee, or a lienholder of record posts with the Chief of Police, or his or her designee, a bond equal to the administrative penalty and hearing officer fee, as provided by ordinance, and pays for all towing and storage charges.
(1) This written notice shall be served upon the registered owner, lessee, and any lienholder of record;
(2) The written notice shall be served either by personal service or by first class mail, postage prepaid, to the address as registered with the Secretary of State;
(3) All notices shall be served upon the registered owner, lessee, and any lienholder of record within five business days after the request for hearing is received; and
(4) The written notice shall contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled not less than seven days and no more than 45 days after the date of the mailing of the notice of hearing.
(D) Administrative Hearing Officer. The administrative hearing shall be conducted by a officer designated by the city, who is an attorney licensed to practice law in this state for a minimum of three years.
(E) Responsibility for cost. The party challenging the imposition of the administrative penalty shall be responsible for the costs associated with use of the Administrative Hearing Officer, as described in this chapter.
(F) Appearance. The party challenging the hearing must appear personally or through a licensed attorney at law. A failure of the challenging party to appear shall result in a default ruling sustaining the vehicle impoundment.
(G) Opportunity to be heard. All interested persons shall be given a reasonable opportunity to be heard at the hearing,
(H) Rules. The formal rules of evidence shall not apply and hearsay evidence shall be admissible.
(I) Burden of proof. The burden shall be on the party challenging the administrative penalty to prove one of the available defenses by a preponderance of the evidence.
(J) Written decision. At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
(K) Bond forfeited. If the basis for the vehicle impoundment is sustained by the Administrative Hearing Officer, any administrative penalty, hearing officer fee, or bond posted to secure the release of the vehicle shall be forfeited to the city.
(L) Payment of penalties and fees. Unless the Administrative Hearing Officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the registered owner, lessee, or lienholder of record until all administrative penalty, hearing officer fees, and towing and storage charges are paid.
(M) Release of vehicle. If the Administrative Hearing Officer overturns the basis for the vehicle impound, the vehicle shall be released to the registered owner, lessee, or lienholder of record challenging such penalty, provided all towing and storage charges are paid. The Administrative Hearing Officer shall not have the authority to waive towing and storage charges.
(Ord. 1548, passed 10-3-16)