A. Right to Contest Violation in Writing. Any person who has been served with a Notice of Violation for which a personal appearance is not mandatory may contest the alleged violation on its merits without personally appearing at a hearing, pursuant to the following procedures:
1. Requesting and completing, in full, the "Request for Hearing - Appearance Waiver Form;"
2. Acknowledging in the space specified in said form that the person is waiving the right to appear in person and is submitting to an adjudication based upon the notarized statement filed by him or her and the facts contained in the Notice of Violation;
3. Filing the required form with the Administrative Hearing Records Unit within twenty-one (21) days after the date of the Notice of Violation, with the filing to be done in the manner described on the Notice of Violation; and
4. Filing with the Administrative Hearing Records Unit, at the same time as the Appearance Waiver Form, a notarized statement of facts specifying the grounds for challenging the Notice of Violation.
B. Facts Considered by Hearing Officer. The Hearing Officer will make a decision based upon the facts as contained in the defendant's notarized written statement of facts and in the Notice of Violation.
C. Notice of Hearing Officer's Determination. Notice of the determination of the Administrative Hearing Officer will be served upon the defendant by first-class mail, postage prepaid, addressed to the defendant at the address set forth in the statement of facts submitted. Service of the notice of such determination will be complete on the date the notice is deposited in the United States mail.
(MC-2-2014, Added, 2/18/2014)