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 Orange County
 Code of Ordinances
 Chapter 35. TRAFFIC
 Article V. RED LIGHT RUNNING

  § 35-76. Procedure for hearing; fines and costs.

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  • (a)

    Any person, herein referred to as the "petitioner," who elects to request a hearing under section 35-73 shall be scheduled by the clerk to the local hearing officer to appear for a hearing before a local hearing officer. Notice of the hearing will be sent by first-class mail. Upon receipt of the notice of hearing the petitioner may reschedule the hearing one (1) time by submitting a written request to reschedule to the clerk to the local hearing officer at least five (5) calendar days before the day of the originally scheduled hearing. The petitioner may cancel his or her appearance before the local hearing officer by paying the penalty assessed under section 35-74 plus fifty dollars ($50.00) in administrative costs, prior to the start of the hearing.

    (b)

    All testimony at the hearing shall be under oath and shall be recorded. The local hearing officer shall take testimony from a traffic infraction enforcement officer and the petitioner, and may take testimony from others. The local hearing officer shall review the photographic or electronic images or the streaming video made available under section 35-73. Formal rules of evidence do not apply, but due process shall be observed and will govern the proceedings.

    (c)

    At the conclusion of the hearing, the local hearing officer shall determine whether a violation under this section has occurred, in which case the hearing officer shall uphold or dismiss the violation. The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay the penalty previously assessed under section 35-74, and may also require the petitioner to pay costs, not to exceed two hundred fifty dollars ($250.00). The final administrative order shall be mailed to the petitioner by first-class mail.

    (d)

    An aggrieved party may appeal a final administrative order consistent with the process provided under section 162.11, Florida Statutes.

(Ord. No. 2013-17 , § 2, 7-2-13)