(a) A person may request a hearing before a hearing examiner to contest the commission of a civil offense or to offer proof of correction of a civil offense. The written request for hearing shall be filed with the Office of Administrative Hearings. The Office of Administrative Hearings shall set a date for the hearing and notify the person, in writing, of the date, time and location of the hearing. The hearing shall be public and a record of the hearing shall be maintained. The hearing may be informal, but all testimony shall be under oath.
(b) All hearings shall be scheduled within 10 calendar days of receipt of a request for a hearing. Hearings will be held within 30 calendar days from the date the request for a hearing is filed. Any hearing date may be modified if such modification is agreed to by the person charged, by the city official who issued the charge and by the hearing examiner, or if such modification is necessary in the interest of justice.
(c) The hearing examiner shall enter into the record of the proceedings the notice of the civil offense and civil fine, the filing of or failure to file an answer, the substance of the answer, a finding of liability, the civil fine due, payments, delinquency and collection charges, and other relevant information.
(d) The hearing examiner shall issue a written decision and make findings of fact from the record and conclusions of law in support of the decision within 10 calendar days from close of the hearing. The findings and conclusions shall demonstrate that the decision is consistent with applicable laws, ordinances, regulations and the interest of justice. Any unpaid civil fine is due and must be paid within 10 calendar days after the date of the hearing examiner's decision.
(e) If the person has taken an administrative appeal authorized by the Middletown Codified Ordinances from an order on which the offense was based, the hearing examiner must extend the time for answering the notice of civil offense until the appeal has been finally resolved.
(Ord. O2019-35, passed 6-4-2019)