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hearing shall be conducted in such manner as the Hearing Examiner considers <br />appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in <br />the hearing, but all testimony shall be under oath. <br />At the hearing, the City of Lakewood has the burden of proving, by a <br />preponderance of the evidence, that the person for whom the hearing is being <br />conducted committed the Parking Infraction. If the person, in their answer, denied that <br />they committed the Parking Infraction and requested the presence at the hearing of the <br />Law Enforcement Officer or Civilian employee who issued the parking ticket, the Law <br />Enforcement Officer or Civilian employee shall be required to attend the hearing unless <br />the Hearing Examiner determines that such officer's presence is not required. If such <br />officer's presence at the hearing has been requested and such officer is unable to <br />attend the hearing on the day and at the time scheduled, the Hearing Examiner may <br />grant a reasonable continuance. The person for whom the hearing is being conducted <br />may present any relevant evidence and testimony at the hearing. The person does not <br />have to attend the hearing if they submit documentary evidence to the Hearing <br />Examiner prior to the day of the hearing. <br />The City of Lakewood shall submit the original parking ticket that was personally <br />or constructively served on the person or a true copy of that ticket, and information <br />from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket <br />and the information in proper form is prima-facie evidence that the registered owner of <br />the vehicle was the person who committed the Parking Infraction. The City of <br />Lakewood may present additional evidence and testimony at the hearing. The City of <br />Lakewood does not have to be represented at the hearing by an attorney. <br />(B) (1) If a person for whom a hearing is to be conducted under <br />Subsection (A) of this Section appears at the scheduled hearing or submits evidence in <br />accordance with that Subsection, the Hearing Examiner shall consider all evidence and <br />testimony presented and shall determined whether the City of Lakewood has <br />established, by a preponderance of evidence, that the person committed such <br />infraction. If the .Hearing Examiner determines that the person committed such <br />infraction, an order indicating the determination as a judgment against the person and <br />requiring the person to pay the appropriate fines and any additional penalties, fees and <br />costs shall be entered in the records of the Parking Violations Bureau. <br />(2) If a person for whom a hearing is to be conducted under <br />Subsection (A) of this Section fails to appear at the scheduled hearing and fails to <br />submit evidence in accordance with that Subsection, the Hearing Examiner shall, if they <br />determine from any evidence and testimony presented at the hearing, by a <br />preponderance of the evidence that the person committed the Parking ?nfraction, enter <br />a default judgment against the person and require the person to pay the appropriate <br />fines and any additional penalties, fees and costs. A default judgment entered under <br />this Subsection shall be entered in the records of the Parking Violations Bureau. <br />-7- <br />