§ 12.21.040. Administrative adjudication hearing.

A.

A person who receives a notice of violation of this chapter may contest the imposition of the civil penalty specified in the notice of violation by filing a written request for an administrative adjudication hearing.

1.

The request for a hearing must be filed with the entity specified on the notice of violation on or before the date specified in the notice of violation.

2.

Upon receipt of a timely request, the administrative adjudication hearing may be set within one hundred twenty days and the person shall be notified of the date and time of the administrative adjudication hearing. The administrative adjudication hearing shall be held before an El Paso Municipal Court hearing officer.

3.

The city council for the City of El Paso designates any employee who is employed in the position of municipal court hearing officer or are otherwise assigned the duties and responsibilities of such position as the hearing officer under this chapter. The hearing officer shall have the authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents. An order compelling the attendance of witnesses or the production of documents may be enforced by the municipal courts.

B.

The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit as provided by Chapter 707 of the Texas Transportation Code. Said affidavit shall be admissible at the administrative adjudication hearing and in the appeal, if any.

C.

At the end of the administrative adjudication hearing, the hearing officer shall enter a finding of either liability or no liability. Said finding must be in writing, signed and dated by the hearing officer. A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. The hearing officer shall also specify the amount of any late penalties and administrative adjudication costs assessed for which the person is liable. The finding shall be filed with the municipal court clerk. All such findings shall be kept in a separate index or file by the municipal court clerk.

D.

A person who fails to timely pay the amount of the civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if:

1.

The person submits a written request for the hearing to the office of the hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and

2.

The written request and affidavit are submitted to the office of the hearing officer within thirty days after the person received the notice of violation.

E.

A civil penalty shall not be assessed if:

1.

After a hearing, the hearing officer enters a finding of no liability; or

2.

Within the time prescribed in the notice of violation, the person against whom the civil penalty is to be assessed submits written proof of ownership by a person in the business of selling, renting or leasing motor vehicles or by a person who was not the person named in the notice of violation as rebuttal evidence in accordance with Section 707.013(b) of the Texas Transportation Code.

(Ord. 16873 § 2 (part), 2008)