Sec. 7-152b. Hearing procedure for parking violations.
Sec. 7-152b. Hearing procedure for parking violations. (a) Any town, city or
borough may establish by ordinance a parking violation hearing procedure in accordance
with this section. The Superior Court shall be authorized to enforce the assessments and
judgments provided for under this section.
(b) The chief executive officer of the town, city or borough shall appoint one or
more parking violation hearing officers, other than policemen or persons who issue
parking tickets or work in the police department, to conduct the hearings authorized by
this section.
(c) A town, city or borough may, at any time within two years from the expiration
of the final period for the uncontested payment of fines, penalties, costs or fees for any
alleged violation under any ordinance adopted pursuant to section 7-148 or sections 14-305 to 14-308, inclusive, send notice to the motor vehicle operator, if known, or the
registered owner of the motor vehicle by first class mail at his address according to the
registration records of the Department of Motor Vehicles. Such notice shall inform the
operator or owner: (1) Of the allegations against him and the amount of the fines, penalties, costs or fees due; (2) that he may contest his liability before a parking violations
hearing officer by delivering in person or by mail written notice within ten days of the
date thereof; (3) that if he does not demand such a hearing, an assessment and judgment
shall enter against him; and (4) that such judgment may issue without further notice.
Whenever a violation of such an ordinance occurs, proof of the registration number of
the motor vehicle involved shall be prima facie evidence in all proceedings provided
for in this section that the owner of such vehicle was the operator thereof; provided, the
liability of a lessee under section 14-107 shall apply.
(d) If the person who is sent notice pursuant to subsection (c) of this section wishes
to admit liability for any alleged violation, such person 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 by the town, city or borough. Such payment shall be
inadmissible in any proceeding, civil or criminal, to establish the conduct of such person
or other person making the payment. Any person who does not deliver or mail written
demand for a hearing within ten days of the date of the first notice provided for in
subsection (c) of this section shall be deemed to have admitted liability, and the designated town 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
subsection (f) of this section.
(e) 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 fifteen days nor
more than thirty 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 a policeman or other issuing officer shall be filed and retained by the
town, city or borough, be deemed to be a business record within the scope of section
52-180 and be evidence of the facts contained therein. The presence of the policeman
or issuing officer 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 town official, other than the hearing officer, may present evidence on behalf of the town. 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, Department of Motor Vehicles documents 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 that town, city or
borough.
(f) 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 thirty days or more than twelve months after such mailing, a certified
copy of the notice of assessment with the clerk of a superior court facility designated
by the Chief Court Administrator together with an entry fee of eight dollars. The certified
copy of the notice of assessment shall constitute a record of assessment. Within such
twelve-month period, assessments against the same person may be accrued and filed as
one record of assessment. The clerk shall enter judgment, in the amount of such record
of assessment and court costs of eight dollars, against such person in favor of the town,
city or borough. Notwithstanding any provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money
judgment and a levy of execution on such judgment may issue without further notice
to such person.
(g) A person against whom an assessment has been entered pursuant to this section
is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty
days of the mailing of notice of such assessment by filing a petition to reopen assessment,
together with an entry fee in an amount equal to the entry fee for a small claims case
pursuant to section 52-259, at the Superior Court facility designated by the Chief Court
Administrator, which shall entitle such person to a hearing in accordance with the rules
of the judges of the Superior Court.
(P.A. 81-438; P.A. 84-107; P.A. 00-191, S. 3; P.A. 02-132, S. 62; P.A. 03-278, S. 12; P.A. 07-217, S. 18.)
History: P.A. 84-107 extended the period for notification of hearing from 12 months to 2 years; (Revisor's note: In
1997 references throughout the general statutes to "Motor Vehicle(s) Commissioner" and "Motor Vehicle(s) Department"
were replaced editorially by the Revisors with "Commissioner of Motor Vehicles" or "Department of Motor Vehicles",
as the case may be, for consistency with customary statutory usage); P.A. 00-191 amended Subsec. (f) by changing provision
that copy of notice of assessment be filed with clerk of superior court facility designated by the Chief Court Administrator
within boundaries of judicial district instead of superior court for the geographical area; P.A. 02-132 amended Subsec. (f)
by deleting "within the boundaries of the judicial district in which the town, city or borough is located" and making a
technical change and amended Subsec. (g) by replacing "in the superior court for the geographical area in which the town,
city or borough is located" with "at the superior court facility designated by the Chief Court Administrator"; P.A. 03-278
made a technical change in Subsec. (f), effective July 9, 2003; P.A. 07-217 made technical changes in Subsec. (d), effective
July 12, 2007.