§ 12-5-61. HEARINGS FOR DISPOSITION OF A PARKING CITATION.

(A)

A hearing to adjudicate a parking violation charge under this chapter shall be conducted by a hearing officer.

(B)

The Texas Rules of Evidence do not apply to a hearing under this Article.

(C)

The hearing officer shall hear and consider:

(1)

Evidence presented by the person charged;

(2)

Presumptions and prima facie evidence established by this chapter or other applicable law; and

(3)

Evidence presented by the issuing officer, if required to attend the hearing.

(D)

The hearing officer shall make a decision based on a preponderance of the evidence after considering the presumptions.

(E)

The testimony at the hearing shall be recorded. If an electronic recording is made, each voice shall be identified.

(F)

The recorded testimony, documents, and other evidence shall constitute the record for appeal. The acceptance of documents or real evidence shall be noted on the record.

(G)

The issuing officer is not required to attend an instanter hearing.

(H)

The issuing officer shall attend a hearing that is scheduled:

(1)

If requested by the person charged with the violation; and

(2)

The request is filed with the municipal court clerk at least three business days before the scheduled hearing date.

(I)

A scheduled hearing may be set after the appearance date on the parking citation without the posting of a bond in the amount of fines, costs, and fees.

(J)

A scheduled hearing may be reset for cause if the person charged submits a written request for a reset received by the court at least three days before the scheduled hearing date; and posts a bond with the municipal court equal to the total amount of the civil fine, costs, and fees. If the court does not respond to a request for a reset, the request is denied, and the person must appear as scheduled.

(K)

At the conclusion of the hearing, the hearing officer shall issue an order either:

(1)

Finding the person is liable for the parking violation and assessing the applicable civil fines, costs, and fees in accordance with fines, costs, and fees found in this chapter; or

(2)

Finding the person is not liable for the parking violation.

(L)

A hearing officer may not waive fines, costs, and fees established in this chapter, but a hearing officer may reduce fine amounts based on an inability to pay.

(M)

A hearing officer may add additional fines, costs, and fees in accordance with this chapter.

(N)

The hearing officer's order shall be filed with the municipal court clerk in a separate index and file. The order may be recorded using microfilm, microfiche, or other data processing techniques.

Source: Ord. 20090924-044.