§ 12-5-64. APPEAL FROM A HEARING.

(A)

A person found liable by a hearing officer for a parking violation may appeal the determination by:

(1)

Filing a petition with the municipal court clerk within 30 business days after the hearing officer's order is issued; and

(2)

Paying a non-refundable filing fee.

(B)

A person who accepts liability, as set forth in Section 12-5-59(B)(1), or fails to contest liability by the appearance date is not entitled to an appeal hearing.

(C)

When an appeal petition is received, the municipal court clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing.

(D)

An appeal hearing is conducted by municipal court judge.

(E)

The judge shall review the record and hear oral arguments of the parties at the appeal hearing.

(F)

At an appeal hearing, a party may request for leave to present additional evidence.

(1)

A request may be granted if the party:

(a)

Shows that the additional evidence is material; and

(b)

Shows good reason it was not presented to the hearing officer during the hearing.

(2)

If the court grants a party's request for leave to present additional evidence, the judge may order the hearing officer take the additional evidence or the judge may take the additional evidence.

(3)

The hearing officer may modify the findings and decision based on additional evidence.

(G)

The judge may receive evidence of procedural irregularities alleged to have occurred at the hearing that are not reflected in the record.

(H)

The judge may not substitute his or her judgment for that of the hearing officer as to the weight of the evidence given by the hearing officer for questions that fall within the hearing officer's discretion.

(I)

The court may reverse the hearing officer's order or remand the case for a rehearing if the appellant's substantial rights have been violated because the administrative findings, conclusions, or decisions are:

(1)

In violation of constitutional or statutory provisions;

(2)

In excess of the statutory authority;

(3)

Made upon unlawful procedure;

(4)

Affected by other error of law;

(5)

Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or

(6)

Arbitrary, capricious, characterized by abuse of discretion, or clearly unwarranted exercise of discretion.

(J)

If the findings of the hearing officer are affirmed, the civil fines, costs, or fees may not be modified except that additional penalties, and other costs, or fees may be added in accordance with the schedule in this chapter.

(K)

Service of notice of appeal under this section does not stay enforcement and collection of any order of a hearing officer, unless the person filing the appeal posts with the municipal court clerk an appeal bond in an amount equal to all civil fines, costs, and fees assessed against the person charged.

Source: Ord. 20090924-044.