(A) Within ten days after a vehicle is seized and impounded, the Sheriff or his or her designee shall notify the registered owner of record of the seized and impounded vehicle by certified mail, return receipt requested, and first class mail, postage prepaid, of the date, time and location of the hearing to be conducted. The owner shall appear at the hearing and enter a determination to contest or not contest the basis for the seizure. The case will be disposed of at that time by entry of an administrative penalty if a factual basis exists for the seizure. If the owner elects to contest the basis for the seizure, the case will be disposed of at the time by entry of an administrative penalty if a factual basis exists for the seizure. If the owner elects to contest the basis for the impoundment and seizure, a hearing shall be held immediately, unless continued by order of the Hearing Officer. Continuances shall only be granted for good cause shown. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the Hearing Officer may, at the request of the registered owner of the vehicle or the county, direct witness to appear and give testimony at the hearing. Subpoenas for the production of witnesses and records may be issued upon request of either party. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be the conduct of their affairs. If, after the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used or operated in connection with or during the commission or attempted commission of any offense set forth in § 72.02, the Hearing Officer shall enter an order finding the owner of record of the vehicle civilly liable to the county for the towing and storage of the vehicle as the case may be. If, after proper service of notice, the owner of record fails to appear at the hearing, the Hearing Officer shall conduct the hearing absentia and, if appropriate, enter a default order in favor of the county, a copy of which default order shall be sent to the registered owner via certified mail, return receipt requested, and first class mail, postage prepaid. If at the hearing the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the vehicle and cash bond, if posted, to the owner without assessing any penalty.
(B) All hearings shall be recorded and said recording shall be the official record of the proceedings. All findings, decisions and orders of the Hearing Officer shall be reduced to writings, signed by the Hearing Officer and served upon all parties within seven days after the hearing by mail or personal service.
(Res. passed 8-12-2008)