§12-3010. Hearings.


(1) The Director of Finance shall appoint such Hearing Officers as shall be necessary to carry out the provisions of this Chapter and shall have the power to provide by regulation additional rules for the hearing and determination of cases involving alleged violations of provisions of this Chapter.

(2) Hearings pursuant to this Chapter shall be informal; the rules of evidence shall not apply; and the decision of the Hearing Officer shall be final, subject to the right of the owner to appeal the decision to the Traffic Court.

(3) The System Administrator shall not be required to submit any evidence other than the following, which shall be admissible in such hearing:

(a) the notice of violation, including the recorded image evidencing a violation of section 3112(a)(3) of the Motor Vehicle Code and this Chapter;

(b) information from a state department of transportation or motor vehicles identifying the owner of the vehicle; and

(c) a certificate, or a facsimile of a certificate, sworn to or affirmed by a City police officer based upon inspection of recorded images produced by an automated red light enforcement system, which shall be prima facie evidence of the facts contained in it; provided, however, that written documentation is provided that the automated red light enforcement system was operating correctly at the time of the alleged violation.

(4) The police officer who signs the notice of violation shall not be required to appear at the hearing unless the respondent has denied liability and the Hearing Officer determines that the police officer’s presence is required. The Hearing Officer may grant a reasonable continuance if the officer is not available at the time of hearing.

(5) The System Administrator shall provide the owner with notice of the decision of the Hearing Officer, together with any reasons provided by the Hearing Officer, and advise the owner of his or her right to appeal the decision of the Hearing Officer. If the owner does not notify the System Administrator of a desire to appeal the decision within 30 days of mailing of the notice of the decision of the Hearing Officer, the decision shall be final and liability shall be established pursuant to such decision.