§ 25-76. Hearing officer and administrative adjudication hearing.

(a)

The city manager or designee shall appoint one (1) or more hearing officers to administratively adjudicate stopping, standing or parking violations under the Code of Ordinances. The hearing officers may conduct other administrative hearings as assigned by the city manager or as required under the Code of Ordinances.

(b)

There is hereby established an office of administrative hearings to conduct administrative adjudication hearings for stopping, standing or parking violations under the Code of Ordinances, and other administrative proceedings as assigned by the city manager or as required under the Code of Ordinances.

(c)

A hearing officer shall have the authority to:

(1)

Administer oaths;

(2)

Preside over, hear evidence, accept admissions, make findings, and determine liability at administrative hearings under the Code of Ordinances;

(3)

Issue orders enforceable by the municipal court compelling the attendance of witnesses and the production of documents;

(4)

Issue orders of immobilization or impoundment of vehicles;

(5)

Set conditions for the release of vehicles immobilized or impounded under this chapter;

(6)

Administratively terminate citations or cases that the hearing officer determines to be uncollectable, unenforceable or erroneously issued;

(7)

Assess civil fines, penalties and costs for a violation in accordance with this chapter; and

(8)

Preside over, hear evidence, make findings at immobilization and impoundment hearings under this chapter.

(d)

A person charged with violating a stopping, standing or parking ordinance is entitled to an administrative adjudication hearing as provided in this article. A person issued a parking citation shall answer the citation not later than the appearance date and during the hours specified on the parking citation.

(e)

An answer may be made in any of the following ways:

(1)

A person may admit liability and pay the applicable civil fine, and any additional penalties and costs. A person may pay in person, by mail, by electronic means, or by other method of payment as determined by the office of administrative hearings;

(2)

A person may appear before a hearing officer at an instant hearing on or before the appearance date and during the days and times specified on the parking citation; or

(3)

A person may make a written request for a scheduled hearing.

(f)

Payment of civil fines, costs and fees assessed under this chapter operates as an admission of liability for the parking violation and is the final disposition of the parking violation charge.

(g)

In any administrative adjudication hearing under this chapter:

(1)

It is a rebuttable presumption that the registered owner of the vehicle is the person who stopped, stood or parked the vehicle at the time and place of the offense charged.

(2)

It shall be an affirmative defense to the imposition of civil liability under this article, to be proven by a preponderance of the evidence, that:

a.

An operator other than the owner assumes responsibility and liability for the violation;

b.

The operator of the vehicle at the time of the offense is actually named in the parking citation;

c.

The vehicle was sold prior to the date and time of the violation;

d.

The vehicle was stolen at the time of the violation;

e.

The registered owner was engaged in the business of renting or leasing vehicles under written rental or leasing agreements, and presents to the hearing officer at a hearing:

1.

An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the vehicle at the time the parking citation was issued; or

2.

A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address and driver's license number of the person that leased the vehicle.

(3)

The original or any copy of the summons or citation and the Texas Department of Motor Vehicle's computer-generated record of the registered vehicle owner are prima facie evidence of the facts and contents contained therein.

(h)

At a hearing, the parking citation is prima facie proof of its contents and the officer or other authorized person who issued the parking citation is not required to be present.

(i)

It is not required that the prosecuting attorney attend the hearing. If the person is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing.

(j)

No formal or sworn complaint shall be necessary.

(k)

The Texas Rules of Evidence do not apply to a hearing under this section. Letters, memoranda, affidavits, photographs, and other documentary materials are admissible as evidence. A hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation.

(l)

The hearing officer shall examine the contents of the citation, the evidence related to the ownership of the vehicle in question, any evidence filed with the citation, any affidavits written by the officers or witnesses, and shall hear and review the testimony and evidence presented by the person charged.

(m)

If the hearing officer determines by the preponderance of the evidence that the violation was committed by the person charged, the hearing officer shall find the person charged liable.

(n)

At the conclusion of the hearing, the hearing officer shall issue an order stating whether the person charged with the violation is liable for the violation and the amount of any fine, penalty, costs or fees against the person. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within ten (10) days of the hearing.

(o)

The order shall be filed with the office of administrative hearings clerk. The clerk shall keep all such orders in a separate index or file. The order may be recorded electronically, digitally, using computer printouts, microfilm, microfiche, or similar data processing techniques.

(p)

Failure to appear before a hearing officer on or before the appearance date specified on the citation shall be considered an admission of liability for the charged offense. In the event that the person charged requests a scheduled hearing, the failure of the person charged to appear in person or through counsel at the scheduled hearing shall also be considered an admission of liability.

(q)

A municipal court may enforce an order of the hearing officer compelling the attendance of a witness or the production of a document.

(r)

The order, citation, documents, and any other evidence shall constitute the record for appeal.

(Ord. No. 9905-2015, § 1, 9-1-15)