The First Selectman shall appoint one or more hearing officers
to conduct hearings authorized by state statute and this chapter in
the manner as herein provided. The hearing officer shall serve for
a term of two years and shall be appointed in accordance with the
applicable provisions of Article VII, C7-1, C7-2, C7-3 and C7-4 of
the Town Charter. Town employees, police officers or persons authorized
under ordinance or state statute to issue citations, civil penalties
and/or fines shall not be eligible to serve as citation hearing officer.
At any time within 12 months from the expiration of the final
period for the uncontested payment of fines, civil penalties, costs
or fees for any citation issued under any ordinance adopted pursuant
to § 7-148 of the Connecticut General Statutes for an alleged
violation thereof, the Town of Bethel, office of First Selectman,
shall, upon the direction of its hearing officer, shall send a written
notice by certified mail, return receipt or personally served on,
and by first-class mail to the person cited. This notice shall include
the following information:
A. The allegations against such person and the amount of the fine, civil
penalties, costs or fees due;
B. That such person may contest his liability before a citation hearing
officer by delivering, by mail or in person, written notice of his
intent to appeal within 10 days of the date of the notice;
C. That if such person does not demand such a hearing, an assessment
and judgment shall be entered against him; and
D. That such judgment may issue without further notice.
Any person sent notice pursuant to §
65-2 of this chapter may admit liability for the alleged violation. He may pay in full, without requesting a hearing, by mail or in person, the full amount of the fines, civil penalties, costs or fees admitted to, directly to the personnel in the office of the First Selectman. Payment shall be made to the "Town of Bethel." The personnel in the office of the First Selectman shall provide such person with a receipt of payment for such fines, civil penalties, costs or fees. Such payment shall be inadmissible in any proceedings, civil or criminal, to establish the conduct of such person or other person making the payment.
Any person who fails to deliver or mail a written demand for a hearing within 20 days of the date of the first notice provided under §
65-2 of this chapter shall be deemed to have admitted liability, and the personnel of the Office of the First Selectman shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, civil penalties, costs or fees provided for by applicable ordinances and shall follow the procedures set forth in §
65-7 of this chapter.
A person against whom an assessment has been entered pursuant
to this chapter is entitled to judicial review by way of appeal, provided
the appeal is instituted within 30 days of the mailing of notice of
such assessment by filing a petition to reopen the assessment, together
with an entry fee in an amount equal to the entry fee for a small
claims case pursuant to § 52-259 of the Connecticut General
Statutes at a Superior Court designated by the Chief Court Administrator.