TITLE 12. TRAFFIC CODE
CHAPTER 12-2800. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS
§12-2808. Administrative Review.
(1) The Director of Finance shall constitute Parking
Appeals Panels which shall consist of one (1) or more persons, but in no event
shall the Parking Hearing Examiner from whose decision the appeal is taken be
included in the panel determining said appeal.
(2) An appeal from a
determination of any Parking Hearing Examiner after a hearing on a plea denying
liability, or from a determination denying a motion to reopen any matter, shall
be submitted to a Parking Appeals Panel which shall have power to review the
facts and the law, and shall have power to affirm the determination or to
reverse or modify any determination appealed from for error of fact or law, or
to remand for additional proceedings, or, in appropriate cases, to hear the
matter de novo.
(3) A party aggrieved by the final determination of a
Parking Hearing Examiner may obtain a review thereof by serving upon the Parking
Authority, within thirty (30) days of the entry of such final determination, a
notice of appeal on a form provided by the Parking Authority, setting forth the
reasons why the final determination should be reversed or modified. Service of
the notice of appeal upon the Parking Authority shall be made by certified or
registered mail, return receipt requested. Upon receipt of such notice of
appeal, the Finance Director's Office shall furnish to the appellant, upon
request and at the appellant's expense, a transcript of the original
hearing. No appeal shall be conducted less than ten (10) days after the mailing
of the transcript to the appellant.
(4) Appeals shall be conducted in
the presence of the appellant or his attorney, or both, if such right of
appearance is expressly requested by the appellant in his notice of appeal and
upon his complying with the regulations of the Director of Finance. If the
appellant elects to appear, the Parking Authority within thirty (30) days after
the receipt of the notice of appeal shall advise the appellant, either
personally or by ordinary first class mail, of the date on which he shall
appear. No appeal shall be conducted less than ten (10) days after the mailing
of such notification. A record shall be made of any de novo hearings on appeal,
and recording devices may be used for such purposes. The appellant shall be
notified in writing of the decision of the Parking Appeals
Panel.
(5) The order of a Parking Appeals Panel shall be the final order
of the Finance Director's Office. However, in the event that no appeal is
taken, the order of the Parking Hearing Examiner shall be the final order. If
payment is not made within thirty (30) days after entry of a final order
determining liability for a parking violation and fixing fines, costs and
additional fees for such violation, such fines, costs and additional fees shall
be considered a debt due and owing the City.