[Adopted by the STM 11-3-2009]
In accordance with § 7-152c of the Connecticut General
Statutes, as the same may be amended from time to time, there is hereby
established a citation hearing procedure, for use in contesting citations
issued in accordance with Town ordinances where such hearing procedures
apply.
The First Selectman shall appoint one or more hearing citation
officers, other than Bethany's Resident State Troopers, constables
or Town of Bethany employees or persons who issue citations in Bethany,
to conduct hearings authorized by this article. Hearing Officers shall
have general knowledge of land use issues, Inland Wetland Regulations,
Bethany Code of Ordinances and the Zoning Regulations of the Town
of Bethany and shall prior to the conduct of any hearing be advised
about the proper hearing procedures by the Town Counsel.
A.
Terms. The First Selectman shall appoint up to three Hearing Officers
for terms of one year, two years and three years. Each term shall
commence on July 1 and end on June 30.
A.
If any person who is sent notice pursuant to a Town ordinance wishes
to pay the fine or any alleged violation, a person may, without requesting
a hearing, pay the full amount of the fine admitted to, in person
or by mail to the Town of Bethany. Checks should be payable to the
Treasurer of the Town of Bethany.
B.
Such payment shall not be admissible in any proceeding, civil or
criminal.
Any person who does not deliver or mail written demand for a hearing within 30 days of the notice provided for in the subject Town ordinance shall be deemed to have admitted liability, and the Inland Wetland Enforcement Officer or the Zoning Enforcement Officer who issued the citation shall certify such person's failure to respond to the Hearing Officer. The Hearing Officer shall thereupon enter and assess the fine provided for by the subject ordinance, and shall follow the procedures set forth in § 129-22 of this article.
Any person who requests a hearing shall be given written notice
by certified mail of the date, time and place of the hearing. Such
hearing shall be held not less than 15 days nor more than 30 days
from the date of the mailing of notice, provided that the Hearing
Officer or First Selectman shall grant postponement or continuance
for any reasonable request by any interested party for good cause
shown.
An original or certified copy of the initial citation issued
by the issuing official shall be filed and retained by the Town of
Bethany and shall be deemed to be a business record.
A.
The presence of the issuing official shall be required at the hearing.
A person wishing to contest his/her liability shall appear at the
hearing and may present evidence in his/her behalf.
B.
A designated municipal official, other than the Hearing Officer,
may present evidence on behalf of the municipality.
C.
If the person that demanded a hearing fails to appear, the Hearing
Officer may enter an assessment by default against him/her upon finding
proper notice and liability under this article.
D.
The Hearing Officer may accept from such person copies of investigatory
and citation reports and other official documents by mail and may
determine thereby that the appearance of such person is not necessary.
E.
The Hearing Officer shall conduct the hearing in the order and form
and with such methods of proof as he/she 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.
F.
The Hearing Officer shall announce his/her decision at the end of
the hearing. If the Hearing Officer determines that the person is
not liable, he/she shall dismiss the matter and enter his/her determination
in writing accordingly. If the Hearing Officer determines that the
person is liable for the violation, the Hearing Officer shall forthwith
enter and assess the fines, penalties, costs or fees against such
person as provided in this article.
If such assessment is not paid on the date of entry, the Hearing
Officer shall send, by first class mail, a notice of the assessment
to the person liable and shall file, not less than 30 days nor more
than 12 months after such mailing, a certified copy of the notice
of assessment with the clerk of the Superior Court facility designated
by the Chief Court Administrator, together with the statutory entry
fee. Within such twelve-month period, assessments against the same
person may be accrued and filed as one record of assessment. Notwithstanding
any other provisions of the Connecticut General Statutes, the Hearing
Officer's assessment, when so entered as a judgment, may be issued
without further notice to such person. All costs, attorney fees, court
costs and costs of notices shall be paid by the person found to be
liable for said assessment.
A person against whom an assessment has been entered pursuant
to this article may file an appeal of the Hearing Officer's decision
with Small Claims Court. An appeal shall be instituted within 30 days
of the mailing of the notice of such assessment, together with an
entry fee in an amount equal to the entry fee for a small claims case
pursuant to the Connecticut General Statutes. Notice of assessment
date shall be the date the notice of assessment is stamped by the
United States Postal Service.
