§ 1106 - Hearing
§ 1106. Hearing
(a) The bureau shall notify the person charged and the issuing officer of the time and place for the hearing.
(b) The hearing shall be held before a hearing officer and conducted in an impartial manner. The hearing officer may, by subpoena, compel the attendance and testimony of witnesses and the production of books and records. All witnesses shall be sworn. The burden of proof shall be on the state or municipality to prove the allegations by clear and convincing evidence. As used in this section, "clear and convincing evidence" means evidence which establishes that the truth of the facts asserted is highly probable. Certified copies of records supplied by the department of motor vehicles, the agency of natural resources, or the natural resources board and presented by the issuing officer or other person shall be admissible without testimony by a representative of the department of motor vehicles, the agency of natural resources, or the natural resources board.
(c) The hearing officer shall make findings which shall be stated on the record or, if more time is needed, made in writing at a later date. The hearing officer may make a finding that the person has committed a lesser included violation.
(d) With approval of his or her supervisor, a law enforcement officer may void or amend a complaint issued by that officer by so marking the complaint and returning it to the bureau. At the hearing, a law enforcement officer may void or amend a complaint issued by that officer, subject to the approval of the hearing officer.
(e) A state's attorney may dismiss or amend a complaint, except that dismissal or amendment of a complaint subject to subdivision 1102(b)(18) of this title shall be governed by 10 V.S.A. § 8019(c).
(f) The supreme court shall establish rules for the conduct of hearings under this chapter. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 54, § 59, eff. June 1, 2009.)