2010-09 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC

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78. DRIVER'S LICENSE, SUSPENSIONS. A. Once final determination of liability has been rendered in ten (10) separate violations of Sections 11, 18, 19, 20, 21 ,22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41, 42, 43, 44, 45, 51, 61, or 67 of this Code against the owner of a registered vehicle, the City may send a certified report to the Secretary of State requesting that the registered owner's drivers license be suspended. 13. Prior to the action set forth in subsection A, the City shall cause a notice of impending driver's license suspension to be sent by first class mail to the address of the registered owner of the cited vehicle(s) as recorded with the Illinois Secretary of State or the state in which the vehicle is registered. Said notice shall state that failure to pay the fine or penalty owing within forty-five (45) days of the notice date will result in the City notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under section 6-306.5 of the Illinois Vehicle Code, as amended. The notice shall also state that the person may obtain a computer generated copy of the ticket imposing a fine or penalty by sending a self addressed, stamped envelope to the City along with a request for the copy. C. Upon receipt of the notice of impending driver's license suspension, the registered owner shall have twenty-one (21) days after the date of the notice to pay all fines or to submit a written request for a hearing to present documentary evidence that would conclusively disprove liability. Documentary evidence that would conclusively disprove liability shall be based on the following grounds: (1) that all fines for the violations cited in the notice of impending driver's license suspension have been paid in full; or (2) that the registered owner has not accumulated ten or more final determinations of parking or standing violation liability that were unpaid at the time the notice of impending drivers license suspension was issued. The written request for a hearing must be submitted within twenty-one (21) days after the date of the notice of impending driver's license suspension to the City of Decatur's Legal Department. I). Within ten (10) days after receipt of the written request for a hearing, the City shall notify by certified mail, return receipt requested, the owner of record of said vehicle of the date, time and location of an administrative hearing. A hearing shall be scheduled and held, unless continued by order of the City's hearing officer, on designated days of each month. The hearing shall be scheduled not less than seven (7) days and not more than thirty (30) days after notice thereof is mailed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply and hearsay evidence shall be admissible. The hearing shall be open to the public and a court reporter shall transcribe the proceedings. E. Upon expiration of the forty-five (45) days for payment, if the person named in the notice has not paid the fine or has not prevailed at a hearing pursuant to subsection C herein, the City shall prepare a certified report for the Secretary of State on forms supplied by the Secretary of State, or in a manner that contains: (1) The name, last known address and driver's license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in this state, (2) The name of the City making the report pursuant to 625 ILCS 5/6-306.5 of the Illinois Vehicle Code, as amended, (3) The statement that the City sent notice of impending driver's license suspension to the person named in the report at the address