An administrative hearing to adjudicate the alleged standing, parking, or compliance regulation violation(s) on its merits is subject to the following:
(A) Hearing granted. A hearing shall be granted to the registered owner of the cited vehicle, pursuant to ILCS Ch. 625, Act 5, § 11-208.3 or the lessee of the cited vehicle, pursuant to ILCS Ch. 625, Act 5, § 11-1306, incorporated herein by reference.
(B) Dates. Hearing dates shall be at the date, time and place as is set forth in the violation notice issued and served, or as assigned and indicated in any notice sent pursuant to a request for a hearing, or as indicated in such additional notices setting a hearing date that are issued in accordance with this chapter. Violators of standing, parking, or compliance regulations shall be given no less than three opportunities to appear and failure to appear by the third scheduled hearing date will result in a "final determination of liability" as hereinafter set forth.
(C) Hearings recorded. Hearings shall be tape recorded.
(D) Determination. Hearings shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider testimony and other evidence presented without the application of the formal or technical rules of evidence. The hearing officer shall, upon a determination of liability, assess fines, costs and penalties in accordance with § 73.09.
(E) Representation by attorney. Persons appearing to contest the alleged standing, parking, or compliance regulation violation on its merits may be represented by counsel at their own expense.
(F) Review. The final determination of any matter which may be decided by the hearing officer may be reviewed as is hereinafter set forth. A determination by the hearing officer of liability or nonliability is final for purposes of judicial review when entered.
(G) Burden of proof. No violation may be established except upon proof by a preponderance of the evidence; provided, however, that the original or a legible copy of a violation notice issued in accordance with the applicable provisions of this code, shall be prima facie evidence of the correctness of the facts specified therein.
(Ord. 24-02, passed 1-22-24)