§ 94-342. Administrative hearings.

(a)

Administrative hearings for the adjudication of parking violations issued pursuant to section 94-337 shall be held before a hearing officer appointed by the board of trustees and conducted in accordance with this section.

(b)

The respondent may appear pro se or at his own expense by an attorney. An attorney who appears on behalf of any person shall file with the hearing officer a written appearance on a form provided by town parking administrator for such purpose.

(c)

The formal and technical rules of evidence shall not apply in the conduct of the hearing.

(d)

Formal testimony shall be given under oath or affirmation, which shall be administered by the hearing officer. The hearing officer may issue subpoenas to secure the attendance and testimony of witnesses in the production of relevant documents; provided, however, that a respondent who appears by an attorney shall not be compelled to attend the hearing and may submit his testimony, if any, by affidavit. In addition, witnesses who have not been subpoenaed to attend the hearing may submit their testimony, if any, by affidavit.

(e)

No violation may be established except upon proof by a preponderance of the evidence. However, a parking violation notice or a copy thereof issued and signed in accordance with section 94-337 shall be prima facie evidence of the correctness of the facts specified therein.

(f)

The hearing officer may on a showing of good cause grant one continuance to a date certain.

(g)

The parking administrator shall cause a record to be made of each hearing, and recording devices may be used for such purpose.

(Code 1958, § 33-186; Ord. No. 11-93, 3-9-1993; Ord. No. 40-05, 3-8-2005)