§ 154-696. Hearings for disposition of parking citations.

(a)

Every hearing for the adjudication of a charge of parking violation under the authority of this article shall be held before a hearing examiner.

(b)

The conduct of hearings of parking violations charged under this article shall be governed by the provisions of the Administrative Procedures Act, R.S. 49:951 et seq.

(c)

The city shall have the burden of proving the violation by a preponderance of evidence; however, proof that a particular vehicle described in the parking citation was in violation of any law or ordinance, together with proof that the person was, at the time of the violation the registered owner of such vehicle as shown in the latest records of the motor vehicle department of safety and corrections (which may be in the form of a computer printout and shall constitute an ordinary business record of the city), shall constitute a prima facie presumption that the registered owner of such vehicle or his authorized agent was the person who parked or placed such vehicle at the point where, and for the time during which, the violation occurred.

(d)

The officer or other duly authorized person who issued the parking citation shall not be required to appear at the hearing unless the person charged with a violation herein has denied that the offense occurred by his commission and the hearing officer determines that the officer's or duly authorized person's presence is required. The hearing officer may grant one postponement if the officer or duly authorized person is not available at the time of the hearing.

(e)

At the conclusion of the contradictory hearing the hearing examiner shall immediately render a decision, either finding a person cited liable and assessing the fine and/or penalty or declaring the violation unproven and/or invalid pursuant to R.S. 49:958.

(Code 1956, § 38-286.13)