(A) Administrative hearing for the in-person adjudication of violation notices issued pursuant to § 39.31 or 77.03, and of Compliance “C” tickets issued pursuant to § 70.03 and not otherwise settled shall be held before an Administrative Hearing Officer and conducted in accordance with §§ 39.01 through 39.16. Notwithstanding any of the foregoing, in the event of a conflict between §§ 39.01 through 39.16 and this subchapter, the latter shall be controlling.
(B) The respondent may appear pro se or, at his or her own expense, by an attorney. An attorney who appears on behalf of any person shall file with the Hearing Officer a written appearance on a form provided by the Village Traffic Compliance Administrator for such purposes.
(C) The formal and technical rules of evidence shall not apply in the conduct of the hearing.
(D) All testimony shall be given under oath or affirmation, which shall be administered by the Administrative Hearing Officer. The Hearing Officer may issue subpoenas to secure the attendance and testimony of witnesses and the production of relevant documents; provided, however, that a respondent who appears by an attorney shall not be compelled to attend the hearing and may submit his or her testimony, if any, by affidavit. In addition, witnesses who have not been subpoenaed to attend the hearing may submit their testimony, if any, by affidavit.
(E) 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, signed, and served 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.
(F) The Administrative Hearing Officer may, on a showing of good cause, grant continuances to a date certain.
(G) The Village Traffic Compliance Administrator shall cause a record to be made of each hearing, and recording devices may be used for such purposes.
(Ord. 44, passed 10-21-2008; Am. Ord. CO-2014-16, passed 4-15-2014)