Administrative Adjudication Hearings
An administrative adjudication hearing is an opportunity in which you may appear in front of a city-appointed officer and discuss the circumstances surrounding your notice of violation. As detailed in the ordinance section below, you may schedule a hearing to contest the imposition of the civil penalty.
Ordinance No. 2006 Section VII. Non-Judicial Administrative Hearing
(a) A person who receives a notice of violation under this ordinance may contest the imposition of the civil penalty by requesting, in writing, an nonjudicial administrative hearing within the time provided on the notice, which period shall not be less than 31 days after notification of the violation.
Scheduling a Hearing
You must schedule a hearing in writing. Sign the coupon located on the back at the bottom of your notice of violation and mail it to the address shown. The signed coupon must be mailed on or before the due date of your notice of violation. You will be notified by mail of the scheduled date and time for your hearing.
Reasons for Dismissal
The City of Irving Code of Ordinance Number 2006 Section 11-306 Section 11-243, Affirmative Defenses, defines eight reasons that a notice of violation issued under Section 11-243 of the code may be dismissed. The reasons are if:
- The traffic control signal was not in proper position and sufficiently legible to an ordinarily observant person.
- The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer.
- The operator of the motor vehicle violated the instructions of the traffic control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle.
- The motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that chapter.
- The motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner.
- The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.
- The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this article and with the traffic control signal more dangerous under the circumstances than noncompliance.
- The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.
8b. To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency.
You may appeal a liable decision by filing the Notice of Appeal Form (PDF) in person, with the chief clerk of the municipal courts not later than 30 days after the hearing officer’s findings. You must complete an appeal request form, and a statement of personal financial obligation to secure an appeal and stay enforcement.
Definition of an Appeal
Section VIII. Appeal
A person who is found liable after an administrative adjudication hearing may appeal that finding of civil liability to the municipal court by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed not later than the thirtieth (30) day after the date on which the administrative adjudication hearing officer entered the finding of civil liability, and must be accompanied by payment of the costs required by the law for the court, and a notarized statement of personal financial obligation. If these three items are not filed, the appeal is not perfected, and does not stay enforcement of the civil penalty. An appeal shall be determined by the municipal court by trial de novo. The affidavits submitted under section 21-208 shall be admitted by the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence. A person found liable by the municipal court shall pay the civil penalty and any other fees due the city.
Ordinance Number 8746, § 1, 1-25-07