2010-014 - Laserfiche WebLink

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A. REQUEST FOR HEARING. If the recipient responds by requesting a hearing, the City Administrator shall assign the case to a hearing officer on the list. The City Administrator shall notify the hearing officer, the recipient and the issuing officer of the assignment in writing. The hearing officer shall schedule a hearing within a reasonable date of receiving the notice. Any delays in holding the hearing shall be reported to the City Administrator by the hearing officer. B. CITATION MATERIALS. At assignment, the City Administrator shall transmit a copy of the citation to the hearing officer. Within five days of assignment, the issuing officer or the officer's department shall transmit copies of all materials relating to the citation to the hearing officer, including but not limited to: additional written reports; certificates of calibration, logs, and other documentation required to support the evidentiary use of speed detection equipment under Minn. Stat. § 169.14; relevant certificates of training for the citing officer; and any pictures showing the alleged offense. The hearing officer shall transmit a copy of any materials received to the recipient at the earliest opportunity but at least three days in advance of the hearing. C. HEARING. At the hearing, the hearing officer shall receive the testimony of any witnesses, witness statements, and comments presented by the person cited. The hearing officer will consider these items alongside the materials submitted by the issuing officer, and may weigh the evidence and make credibility determinations to the best of the hearing officer's ability. The hearing officer is not required to apply the rules of evidence in making determinations about the evidence presented. The issuing officer is not required to attend the hearing. D. DECISION, FINDINGS. After considering all of the evidence submitted, the hearing officer shall determine, by a preponderance of the evidence, whether the person cited did or did not violate the statute or statutes identified in the citation. The hearing officer shall make written findings supporting the determination and transmit them to the cited person and the City Administrator within five days of closing the hearing. E. PAYMENT FOLLOWING FINDING OF VIOLATION. If the hearing officer finds a violation, the fine for the Designated Traffic Offense is due within 30 days of the date the findings are sent to the recipient. The hearing officer may not alter or reduce the fine for any offense or combine multiple offenses into a single fine. Payment of fines due shall be made to the City Administrator. F. STANDARD CITATION ISSUED IF NO PAYMENT. If payment is not made within the 30 days, the City Administrator shall request that the issuing officer or the officer's department issue a standard traffic citation 3