§ 42-17.10-6 - Hearings.
SECTION 42-17.10-6
§ 42-17.10-6 Hearings. – (a) Every hearing for the adjudication of a violation, as provided by thischapter, shall be held before a judge or magistrate of the traffic tribunal.The burden of proof shall be upon the state, and no charge may be establishedexcept by clear and convincing evidence. A verbatim recording shall be made ofall proceedings. The chief judge may prescribe, by rule or regulation, theprocedures for the conduct of the hearings and for pre-hearing discovery.
(b) After due consideration of the evidence and arguments,the judge or magistrate shall determine whether the charges have beenestablished, and appropriate findings of fact shall be made on the record. Ifthe charges are not established, an order dismissing the charges shall beentered. If a determination is made that a charge has been established or if ananswer admitting the charge has been received, an appropriate order shall beentered in the records of the traffic tribunal.
(c) An order entered after the receipt of an answer admittingthe charge or where a determination is made that the charge has beenestablished shall be civil in nature, and shall be treated as an adjudicationthat a violation has been committed. A judge or magistrate may include in theorder the imposition of any penalty authorized by any provisions of thischapter for the violation, except that no penalty for it shall includeimprisonment.
(d) A hearing fee of twenty-five dollars ($25.00) shall beassessed by the traffic tribunal against each person pleading guilty to orfound guilty of the violation. Any person charged with a violation who pays thefine administratively pursuant to § 42-17.10-3 shall not be subject to anyhearing fee or additional costs or assessments.
(e) Any party aggrieved by a judgment or order of the traffictribunal entered pursuant to the provisions of this chapter may seek furtherreview pursuant to §§ 31-41.1-8 and 31-41.1-9.