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(1) The Director of Finance shall constitute Parking Appeals Panels which shall consist of one (1) or more persons, but in no event shall the Parking Hearing Examiner from whose decision the appeal is taken be included in the panel determining said appeal.
(2) An appeal from a determination of any Parking Hearing Examiner after adjudication of a plea denying liability, or from a determination denying a motion to reopen any matter, shall be submitted to a Parking Appeals Panel which shall have power to review the facts and the law, and shall have power to affirm the determination or to reverse or modify any determination appealed from for error of fact or law, or to remand for additional proceedings, or, in appropriate cases, to hear the matter de novo. 321
(3) A party aggrieved by the final determination of a Parking Hearing Examiner may obtain a review thereof by serving upon the Parking Authority, within thirty (30) days of the entry of such final determination, a notice of appeal on a form provided by the Parking Authority, setting forth the reasons why the final determination should be reversed or modified. Service of the notice of appeal upon the Parking Authority shall be made by certified or registered mail, return receipt requested; by first-class United States mail; by commercial delivery service; or in person. Appellant bears the burden of proving he or she timely appealed and cannot blame delivery service, unless using a method that provides proof of delivery. Upon receipt of such notice of appeal, the Finance Director's Office shall furnish to the appellant written acknowledgement of the date the appeal was filed and, upon request and at the appellant's expense, a copy of the audio recording of the original hearing by the Bureau of Administrative Adjudication. No appeal shall be conducted less than ten (10) days after the mailing of the audio recording to the appellant. 322
For purposes of calculating the time period for filing a notice of appeal, pursuant to this subsection, the 30 day period shall be computed so as to exclude the first and include the last day of such period. Whenever the 30th day shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation. 323
(4) Appeals shall be conducted in the presence of the appellant or his attorney, or both, if such right of appearance is expressly requested by the appellant in his notice of appeal and upon his complying with the regulations of the Director of Finance. If the appellant elects to appear, the Parking Authority within thirty (30) days after the receipt of the notice of appeal shall advise the appellant, either personally or by ordinary first class mail, of the date on which he shall appear. No appeal shall be conducted less than ten (10) days after the mailing of such notification. A record shall be made of any de novo hearings on appeal, and recording devices may be used for such purposes. The appellant shall be notified in writing of the decision of the Parking Appeals Panel.
(5) The order of a Parking Appeals Panel shall be the final order of the Finance Director's Office. However, in the event that no appeal is taken, the order of the Parking Hearing Examiner shall be the final order. If payment is not made within thirty (30) days after entry of a final order determining liability for a parking violation and fixing fines, costs and additional fees for such violation, such fines, costs and additional fees shall be considered a debt due and owing the City.
(6) If the appellant appeals the final determination of the Parking Appeals Panel to the Court of Common Pleas, the cost of the filing fee for such appeal shall be borne by the losing party. 324
Amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012.
Added, Bill No. 140441 (approved September 10, 2014), effective December 9, 2014.
Added, Bill No. 180002 (approved April 18, 2018), effective July 1, 2018.