§ 86-109. Hearings for civil violation.

Disposition of civil violation:

(1)

Every hearing requested for the adjudication of a charge of a violation under the authority herein shall be held before a hearing officer.

(2)

Hearings provided for by this chapter shall be conducted according to the procedures set forth in La. R.S. 13:2571.

(3)

The Lafayette City-Parish Consolidated Government shall have the burden of proving the violation, including proof that the vehicle described in the notice of civil violation was in violation of a law or ordinance, by a preponderance of evidence. There shall be a rebuttable presumption that, at the time of the violation, the vehicle was in the care, custody and control of the owner as shown in the latest available electronic databases of the office of motor vehicles, or similar agency in states other than Louisiana.

(4)

The officer or other duly authorized person who issued the notice of civil violation shall not be required to appear at the hearing unless the person charged with a violation has denied the offense occurred, and/or the hearing officer determines the presence of the officer or duly authorized person is required, subject to other provisions contained in article X, electronic enforcement of this Code. The hearing officer may grant a postponement of the scheduled hearing, if the officer or duly authorized person is not available at the time of the hearing.

(5)

At the conclusion of the hearing the hearing officer shall immediately render a decision, either finding the person charged responsible and assessing fines, fees and/or penalty, or declaring the violation unproven and/or invalid and declaring the person charged not responsible.

(Ord. No. O-149-2012, § 2, 7-17-12)