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(1) Any person charged with an infraction may contest the same instead of paying the fee. An infraction is contested by causing written notice thereof to be delivered to the office of the Civil Violations Hearing Examiner. If the person charged with an infraction fails or refuses to give a correct mailing address when contesting an infraction, the action shall be deemed to be in default and not contested.

(2) When an infraction is contested, the Hearing Examiner shall thereafter conduct a civil hearing with respect thereto. The notice of infraction shall constitute prima facie evidence that the infraction alleged therein actually occurred. The hearing shall be conducted as informally as the circumstances will allow and shall be based on the civil standard of a preponderance of the evidence. At the hearing, any party may be required to testify.

(3) The Hearing Examiner shall decide if the alleged infraction occurred. If the Hearing Examiner finds the infraction alleged did not occur, the notice of infraction shall be without any further force or effect. If the Hearing Examiner finds at the hearing that the infraction alleged did occur, the person to whom the notice of infraction was issued shall respond as provided in Section 9.17.050(1)(a) or (c), Provo City Code. The response shall be within five (5) days after the hearing, unless the decision is given by mail and not at the hearing, in which event the response shall be within ten (10) days after the decision is mailed to the address given when the infraction was contested. A contested action shall be in default if not responded to in the time periods provided in this Subsection.

(Enacted 1985-42, Am 1985-72, Am 2019-32)