§ 86-187. Administrative adjudication hearing.

(a)

A person who receives a notice of civil violation may contest the imposition of the civil violation penalty by a request in writing for an administrative adjudication of the notice of civil violation penalty within 40 calendar days inclusive of weekends and legal holidays after date of mailing of the notice of civil violation by simple written application to the director. Upon receipt of a request within the prescribed time period within this paragraph, the department shall notify the person requesting such hearing of the date and time of the administrative adjudication hearing.

(b)

Administrative adjudications of violations of section 86-185 shall be conducted by the adjudication bureau established by sections 86-108. In conducting administrative adjudications of violations of section 86-185, the adjudication bureau shall have the powers and duties conferred by section 86-108.

(c)

Except as provided in subsection (h), failure to pay a civil violation penalty or to contest liability beyond 40 calendar days from the date of mailing of the notice of civil violation inclusive of weekends and legal holidays constitutes a waiver of the right to contest under subsection (a).

(d)

The civil violation penalty shall not be assessed if after a hearing, the hearing officer enters a finding of no liability.

(e)

In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of a law enforcement officer or a representative of the department, or by actual testimony by either of them. An affidavit of a sworn law enforcement officer or representative of the department, or actual testimony by either of them, that alleges a civil violation occurred based on an inspection of the pertinent recorded image is admissible in a proceeding under this article and is prima facie evidence of those facts contained in the affidavit or testified to.

(f)

A person who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing shall also incur an administrative adjudication fee of an additional $30.00.

(g)

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:

(1)

The operator of the vehicle was acting in compliance with the lawful order direction of a law enforcement or public safety officer;

(2)

The operator of the vehicle violated the speed limit so as to move out of the way of an immediately approaching authorized emergency vehicle;

(3)

The vehicle was being operated as an authorized emergency vehicle under La. R.S. 32:24, and the operator was acting in compliance with La. R.S. 32:24;

(4)

The vehicle was being operated in accordance with La. R.S. 32:300.3 - Funeral Processions; however, the operators are not exempt if they fail to comply with division 2, vehicle speed.

(5)

The vehicle was being operated by a commissioned law enforcement officer performing authorized/assigned tasks;

(6)

The vehicle was being operated during a bona fide medical emergency which is documented with adequate and sufficient evidence from a medical care facility, as determined by the department;

(7)

At the time of the violation, the vehicle was in the care, custody or control of another person:

a.

As set forth in the owner's written statement identifying the name and correct mailing address of the person or entity who had the care, custody and control of the vehicle at the time of the violation.

b.

As set forth in a document, or "Assumption of Responsibility," signed and dated by the person, or a representative of the entity, who had the care, custody and control of the vehicle at the time of the violation, indicating his/her responsibility for the violation and listing his/her name and mailing address. Responsibility for the violation shall in such a case be transferred to the person identified in the "Assumption of Responsibility."

1.

The tender of a statement of "Assumption of Responsibility" shall be for the sole purpose of identifying the person who is assuming responsibility for the violation identified in the notice of civil violation, but all defenses that may be asserted by the person alleged to be responsible are reserved and are not waived by the tender of such document.

c.

As set forth in a lease, rental contract or other agreement listing the name and mailing address of the person or entity who had the care, custody or control of the leased or rented vehicle at the time of the violation. Responsibility for the violation shall in such a case be transferred to the lessee.

(8)

The person who received the notice of civil violation provides adequate documentation as determined by the director that the person was not the owner of the vehicle at the time of the violation; or

(9)

At the time of the violation the vehicle was stolen or the license plate displayed on the vehicle was a stolen plate. Proof acceptable to the hearing officer and/or the department must be presented/documented, indicating the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency.

(h)

Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a civil violation penalty or to contest liability is entitled to an administrative adjudication hearing on the violation if:

(1)

The person files an affidavit with the department stating the date on which the person received the notice of civil violation mailed to the person; and

(2)

The person files a request for an administrative hearing within 40 days from the date of receipt of the notice of civil violation, as stated in the affidavit.

a.

The decision of the hearing officer shall be the final decision by city- parish consolidated government. A person or persons aggrieved by a decision may file petition for judicial review to the district court of the parish, within 30 days after the date of entry of the decision.

(Ord. No. O-149-2012, § 2, 7-17-12)