A petition to set aside a determination of vehicular regulation violation liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
(a) A written petition to set aside a determination of vehicular regulation violation liability must be filed in the office of the Traffic Compliance Administrator within, but not later than, fourteen (14) days from the date the determination of vehicular regulation violation liability is made.
(b) The Traffic Compliance Administrator shall act upon those petitions timely filed and render a decision thereon within fourteen (14) days of the date filed.
(c) The grounds for setting aside a determination of vehicular regulation violation liability shall be limited to the following:
(1) The person against whom the determination of vehicular regulation violation liability is made was not the registered owner or lessee of the "cited vehicle" on the date the vehicular regulation violation notice was issued;
(2) The person has paid the fine or penalty prior to the determination of vehicular regulation violation liability for the vehicular regulation violation(s) in question; or
(3) Excusable failure to appear at or request a new date for a hearing.
(d) Should the determination of vehicular regulation violation liability be set aside, the Traffic Compliance Administrator shall:
(1) Notify the registered owner or lessee, as the case may be, that the determination of vehicular regulation violation liability has been set aside.
(2) Notify the registered owner or lessee, as the case may be, of a date, time and place for a hearing on the merits of the vehicular regulation violation for which the determination of vehicular regulation violation liability has been set aside.
(3) The notices referenced in subsections (d)(1) and (d)(2) of this section shall be sent by first class mail, postage prepaid, to the address set forth on the petition to set aside the determination of vehicular regulation violation liability.
(4) Service of the notices shall be complete on the date the notices are deposited in the United States mail.
(e) Should the determination of vehicular regulation violation liability not be set aside, the Traffic Compliance Administrator shall notify the registered owner or lessee, as the case may be, that the determination of vehicular regulation violation liability has not been set aside and is now deemed to be a final determination of vehicular regulation violation liability reviewable by the Circuit Court under the Administrative Review Law upon filing a lawsuit with the Circuit Court within thirty-five (35) days of receipt of the notice.
(Ord. 2009-25. Passed 10-26-09.)