§ 42-17.10-6. Hearings. (a) Every hearing for the adjudication of a violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief judge may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.
(b) After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.
(c) An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of any penalty authorized by any provisions of this chapter for the violation, except that no penalty for it shall include imprisonment.
(d) A hearing fee of twenty-five dollars ($25.00) shall be assessed by the traffic tribunal against each person pleading guilty to or found guilty of the violation. Any person charged with a violation who pays the fine administratively pursuant to § 42-17.10-3 shall not be subject to any hearing fee or additional costs or assessments.
(e) Any party aggrieved by a judgment or order of the traffic tribunal entered pursuant to the provisions of this chapter may seek further review pursuant to §§ 31-41.1-8 and 31-41.1-9.
History of Section. (P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.)
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