A. Other than emergency hearings conducted under Section 7-9-3(C), above, a qualified administrative hearing officer will serve as hearing officer and conduct the hearing.
B. The hearing will be audio recorded.
C. All interested persons will have a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply and hearsay evidence shall be admissible. Any sworn or affirmed report, citation or ticket shall be admissible evidence if it:
1. Is prepared in the performance of a police officer's duties;
2. Sufficiently describes the circumstances leading to the impoundment of the motor vehicle; and
3. Is not rebutted by clear and convincing evidence to the contrary.
D. After reviewing all relevant evidence presented at the hearing, the hearing officer shall determine pursuant to section 7-9-5 of this chapter, based upon a preponderance of the evidence, whether the administrative fee should be imposed. (Ord. 2011-22, 8-1-2011; amd. Ord. 2020-O-02, 1-20-2020; Ord. 2023-O-18, 10-2-2023)