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Rs 13:2571.1 Port Of New Orleans; Parking Violations; Administrative Adjudication; Procedure; Appeal; Penalties

§2571.1. Port of New Orleans; parking violations; administrative adjudication; procedure;

appeal; penalties

A. The board of commissioners of the Port of New Orleans may prescribe civil fines

for violation of its traffic and parking ordinances which prohibit speeding, parking, stopping,

or standing in certain areas of the jurisdiction of the port pursuant to the procedures for

administrative adjudication provided in this Chapter.

B. The board may adopt an ordinance establishing an administrative adjudication

hearing procedure under this Chapter. Each ordinance shall provide a time period for

persons charged with violating a speeding, parking, stopping, or standing ordinance to have

a hearing under this Chapter. The ordinance shall provide for appointment of hearing

officers who shall have been licensed to practice law in Louisiana for five years and who may

administer oaths and affirmations and to issue orders compelling the attendance of witnesses

and the production of documents. Any order compelling the attendance of witnesses or the

production of documents may be enforced by the appellate court in the parish in which the

violation is alleged to have occurred.

C.(1) If the ordinance provides for an instanter hearing at any time within fifteen

days of the alleged violation for those denying liability for the violation, then the ticket or

summons shall inform the person ticketed of the right to and place of such instanter hearing;

however, the officer issuing the summons or ticket need not be present and the ticket shall

be prima facie proof of its contents.

(2) The ticket or summons shall also provide information as to the time and place

of an administrative adjudication hearing, at which the officer issuing the summons, citation,

or ticket is present. The failure of any person charged with a violation to appear at the

hearing shall be considered an admission of liability for the charged violation. The original

summons, citation, ticket, or any carbon, machine, or true copy thereof is a record kept in the

ordinary course of business of the port, and shall be rebuttable proof of the facts contained

therein.

D. Any administrative adjudication hearing held under this Chapter shall be

conducted in accordance with the rules of evidence of the Administrative Procedure Act.

Testimony by any person shall be taken under oath or by affirmation. The person charged

with the ordinance violation may present any relevant evidence and testimony at such

hearing; however, his physical presence shall not be required at the hearing if documentary

evidence is submitted to the hearing officer prior to the date of the hearing.

E. The hearing officer shall issue an order stating whether or not the person charged

is liable for violation of the speeding, parking, stopping, or standing ordinance and the

amount of any fine, penalty, costs, or fee assessed against him, which order may be filed with

the port. Any such order filed with this port may be enforced by immobilization of the

offending vehicle.

F. Any order or decision of the hearing officer filed under this Chapter with the port

shall be maintained in a separate index and file. These orders or decisions may be recorded

utilizing computer printouts, microfilm, microfiche, or other similar data processing

techniques.

G. The ordinance shall provide for the amount and disposition of fines, penalties,

costs and fees.

H. Any person determined by the hearing officer to be in violation of a speeding,

parking, stopping, or standing ordinance may appeal this determination to the appellate court

in the parish in which the violation is alleged to have occurred. The appeal shall be instituted

by filing, within thirty days of the filing of the hearing officer's order, a petition with the

clerk along with payment of such reasonable costs as may be required by the clerk. After

filing a petition for appeal, the clerk shall schedule a hearing and notify all parties of the date,

time, and place of such hearing. Service of notice of appeal under this Subsection shall not

stay the enforcement and collection of the judgment unless the person who files the appeal

posts bond prior to filing notice of appeal with the agency of the port designated by

ordinance to accept payments of violations of speeding, parking, stopping, or standing

ordinances.

I. As used in this Section:

(1) "Appellate court" means a city court in Orleans Parish, a parish court in Jefferson

Parish, or a justice of the peace court in St. Bernard Parish.

(2) "Clerk" means the clerk of a city court in Orleans Parish, the clerk of a parish

court in Jefferson Parish, and the justice of the peace in St. Bernard Parish.

Acts 2001, No. 744, §1, eff. July 1, 2001; Acts 2015, No. 164, §1.

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Local Government
Louisiana
3
6
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
hearing
ordinance
violation
port
speeding
provide
appeal
administrative
adjudication
file