§ 11:55.8. Administrative adjudication hearing.

(a)

A person who receives a notice of violation may contest the imposition of the civil penalty by submitting a request in writing for an administrative adjudication of the civil penalty within fifteen (15) calendar days inclusive of weekends and legal holidays after receipt of the notice of violation. Upon receipt of a timely request, the department shall notify the person in writing of the date and time of the administrative adjudication hearing, which may be reassigned at the discretion of the hearing officer.

(b)

Administrative adjudications of violations of this section shall be conducted by a hearing officer of the parish school board, or their designated hearing officer.

(c)

Failure to pay a civil penalty or to contest liability in a timely manner is a waiver of the right to appeal.

(d)

The civil 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 certification of an officer or the department. A certified notice from a sworn law enforcement officer or from the department that alleges a violation based on an inspection of the pertinent recorded images, is admissible in a proceeding under this article and shall constitute prima facie proof of the violation.

(f)

A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing shall be liable for the civil penalty and an administrative fee of fifty dollars ($50.00).

(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 or direction of a law enforcement or public safety officer;

(2)

The operator of the vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle;

(3)

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

(4)

At the time of the violation, the vehicle was in the care, custody or control of another person where the owner furnishes a truthful affidavit which identifies the name and mailing address of the person or entity who leased, rented or otherwise had the care, custody and control of the vehicle at the time of the violation. Responsibility for the violation under this section shall be transferred to the person identified in the affidavit;

(5)

The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this article more dangerous under the circumstances than noncompliance;

(6)

The person who received the notice of violation was not the owner of the vehicle at the time of the violation; or

(7)

At the time of the violation the vehicle was a stolen vehicle or the license plate displayed on the vehicle was a stolen plate, which must include proof acceptable to the hearing officer that 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 penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if:

(1)

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

(2)

The person files a request for an administrative hearing within fifteen (15) days from the date of actual receipt of the notice of violation, as stated in the affidavit.

(i)

The decision of the hearing officer shall be the final decision by parish school board. A person or persons aggrieved by a decision may file a petition for judicial review to the 19 ^th Judicial District Court of East Baton Rouge Parish, within thirty (30) days after the date of entry of the decision.

(Ord. No. 15021, § 1, 11-10-10)