[Adopted 3-8-2000]
There is hereby established a citation hearing procedure in accordance
with Section 7-152c of the General Statutes as herein set forth.
The First Selectman shall appoint one or more citation hearing officers,
other than police officers, or employees or persons who issue citations, to
conduct the hearings authorized by this article.
The First Selectman, any police officer, or any person authorized by
the First Selectman to issue a citation for the violation of any ordinance
at any time, within 12 months from the expiration of the final period for
the uncontested payment of fines, penalties, costs or fees for any citation
issued under any ordinance adopted pursuant to Section 7-148, Section 22a-226d,
22a-42g, or 8-12a of the General Statutes or under any ordinance in which
citations are authorized and may be issued in accordance with law, shall send
notice to the person cited. Such notice shall inform the person cited:
A.
Of the allegations against him and the amount of the
fines, penalties, costs or fees due;
B.
That he may contest his liability before a citation hearing
officer by delivering in person or by mail written notice within 10 days of
the date thereof;
C.
That if he does not demand such a hearing, an assessment
and judgment shall be entered against him; and
D.
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 195-8 of this article wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated in such notice. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in § 195-8 shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in § 195-11.
Any person who requests a hearing shall be given written notice of the
date, time and place for the hearing. Such hearing shall be held not less
than 15 days nor more than 30 days from the date of the mailing of notice,
provided the hearing officer shall grant upon good cause shown any reasonable
request by any interested party for postponement or continuance. An original
or certified copy of the initial notice of violation issued by the issuing
official or policeman shall be filed and retained by the municipality, and
shall be deemed to be a business record within the scope of Section 52-180
and evidence of the facts contained therein. The presence of the issuing official
or policeman shall be required at the hearing if such person so requests.
A person wishing to contest his liability shall appear at the hearing and
may present evidence in his behalf. A designated municipal official, other
than the hearing officer, may present evidence on behalf of the municipality.
If such person fails to appear, the hearing officer may enter an assessment
by default against him upon a finding of proper notice and liability under
the applicable statutes or ordinances. The hearing officer may accept from
such person copies of police reports, investigatory and citation reports,
and other official documents by mail and may determine thereby that the appearance
of such person is unnecessary. The hearing officer shall conduct the hearing
in the order and form and with such methods of proof as he deems fair and
appropriate. The rules regarding the admissibility of evidence shall not be
strictly applied, but all testimony shall be given under oath or affirmation.
The hearing officer shall announce his decision at the end of the hearing.
If he determines that the person is not liable, he shall dismiss the matter
and enter his determination in writing accordingly. If he determines that
the person is liable for the violation, he shall forthwith enter and assess
the fines, penalties, costs or fees against such person as provided by the
applicable ordinances of the municipality.
If such assessment is not paid on the date of its entry, the hearing
officer shall send by first class mail a notice of the assessment to the person
found liable and shall file, not less than 30 days nor more than 12 months
after such mailing, a certified copy of the notice of assessment with the
Clerk of the Superior Court for the geographical area in which the municipality
is located together with an entry fee of $8.
As used in this article, the following terms shall have the meanings
indicated:
An individual or a group of individuals, corporation, partnership,
limited partnership, limited liability company, or such other entity or association
which exists under law.
In the event of any conflict of the provisions of this article or any
other ordinance with respect to any procedures for citations, the provisions
of this article shall apply.
