A final determination of vehicular regulation violation liability shall occur:
(A) Following the failure to pay the fine or penalty after the Hearing Officer's determination of vehicular regulation violation liability and the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth.
(B) Where a person fails to appear at the final hearing to contest the alleged violation(s) on the date and at the time and place specified in the prior mailed or served notice, the Hearing Officer's determination of vehicular regulation violation liability shall become final;
(1) Upon denial of a timely petition to set aside that determination; or
(2) Upon the expiration of the period for filing a petition without a filing having been made.
(C) The Hearing Officer shall make an adjudication decision based upon the facts set forth in the notarized statement of facts filed and the facts contained in the vehicular regulation violation notice and the notice of the determination of vehicular regulation liability shall be served by first class mail, postage prepaid, addressed to the address set forth in the statement of facts submitted.
(D) Persons who receive a determination of liability pursuant to a "Request for Hearing - Non-Appearance" shall also have the opportunity to petition for review and to claim in writing the defenses listed in § 71.50(C). Upon denial of a petition for such review or upon a hearing after such petition is granted, a Final Determination shall issue indicating the offenders right to file a lawsuit with the Circuit Court under the Administrative Review Law within 35 days of receipt of the Final Determination. Service of the notice shall be complete on the date the notice is placed in the United States mail.
(Ord. 10-2770, passed 4-13-10; Am. Ord. 10-2786, passed 8-24-10)