(A) Administrative hearings to review materials submitted for the adjudication by mail of notices of standing, parking, compliance (including Compliance “C” tickets and minor violation notices), or automated traffic law violations issued pursuant to § 39.31, 70.03 or 77.03 shall be held by an Administrative Hearing Officer and conducted in accordance with §§ 39.31 through 39.41. Notwithstanding any of the foregoing, in the event of a conflict between §§ 39.01 through 39.16 and §§ 39.30 through 39.41, the latter shall be controlling.
(B) The respondent may contest a standing, parking, compliance (including Compliance “C” tickets and minor violation notices) or automated traffic law violation based on 1 or more of the grounds provided in § 39.34 or 77.04, as applicable, by mailing to the Department of Administrative Adjudication the following materials and information: the notice of violation, the full name, address, and telephone number(s) of the respondent; the make, model, and year of the vehicle; any documentary evidence to rebut the charge; and a written statement signed by the respondent setting forth facts relevant to establishing a defense to the charge. A legible photocopy of any documentary evidence submitted by any party shall be accepted as the equivalent of the original document.
(C) 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 in accordance with § 39.31 or 77.03, or a Compliance “C” ticket and minor violation notice issued pursuant to § 70.03 shall be prima facie evidence of the correctness of the facts specified therein.
(D) Upon review of the materials submitted in accordance with division (B) of this section, the Administrative Hearing Officer shall enter a determination of no liability or of liability in the amount of the fine and any applicable penalty or costs for the subject violation, Upon issuance, such determination shall constitute a final determination for purposes of judicial review under the Administrative Review Law of Illinois. Failure to pay any fine, penalty, or costs imposed within 10 days of the date of a determination of liability shall result in the imposition of a late payment penalty as set forth in § 39.33(F).
(Ord. 44, passed 10-21-2008; Am. Ord. CO-2014-16, passed 4-15-2014)