Sec. 7-152c. Hearing procedure for citations.
Sec. 7-152c. Hearing procedure for citations. (a) Any municipality as defined
in subsection (a) of section 7-148 may establish by ordinance a citation 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 any such municipality 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 section.
(c) Any such municipality, at any time within twelve 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 or section 22a-226d, for an alleged violation thereof, shall send notice to the person cited. Such notice
shall inform the person cited: (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 citation
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 be entered against him; and (4) that such judgment may issue without further notice.
(d) If the person who is sent notice pursuant to subsection (c) of this section 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 by such municipality. 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 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 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 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.
(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 municipality. 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 a 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. 88-221, S. 2; P.A. 94-200, S. 2; P.A. 00-191, S. 4, 16; P.A. 02-132, S. 63; P.A. 03-278, S. 13.)
History: P.A. 94-200 amended Subsec. (c) to include enforcement of ordinances adopted under Sec. 22a-226d; 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, effective September 1, 2000; P.A. 02-132 amended Subsec. (f) by deleting "within the boundaries of
the judicial district in which the municipality is located" and making a technical change and amended Subsec. (g) by
replacing "in the superior court for the geographical area in which the municipality is located" with "at a superior court
facility designated by the Chief Court Administrator"; P.A. 03-278 made a technical change in Subsec. (f), effective July
9, 2003.