§ 94-343. Hearing; determination of liability.

(a)

Upon conclusion of a hearing under section 94-342, the hearing officer shall issue a determination of no liability or of liability in the amount of the fine for the relevant violation. Upon issuance such determination shall constitute a final determination for purposes of judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.).

(b)

If a person fails to respond to the parking violation notice, in the second notice of violation a determination of liability shall be entered against the respondent pursuant to subsection 94-339(d) and shall be served upon the respondent in accordance with subsection 94-339(f). Such determination shall become final for purposes of judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.) upon the denial of or the expiration of the time in which to file a timely petition to set aside the determination as provided in subsection (c) of this section.

(c)

Within 28 days from the issuance of a determination of liability pursuant to subsection (b) of this section, the person against whom the determination was entered may petition the parking administrator by appearing in person at the location specified in the hearing officer's determination to set aside the determination. However, the grounds for the petition shall be limited to the following:

(1)

The person not having been the owner or lessee of the cited vehicle on the date the parking violation notice was first issued;

(2)

The person having already paid the fine or penalty for the parking violation in question; or

(3)

Excusable failure based upon criteria established by the parking administrator to appear at or request a new date for a hearing.

The petitioner shall appear with appropriate evidence pursuant to section 94-339 so that if the petition is granted he is prepared to proceed immediately with the hearing on the merits.

(Code 1958, § 33-187; Ord. No. 11-93, 3-9-1993)