| (C) After reviewing the circumstances of the administrative citation, the hearing officer may order the payment of the administrative fine or the cancellation of such charges. If the citation is upheld and the appealing party fails to pay the charges or to request an appeal within ten calendar days of the decision, a $5.00 late charge will be assessed on the citation. (D) The appealing party will be notified in writing of the decision regarding the review. (2) Court appeal from administrative review decision. (A) Any person who has requested a review of an administrative citation and who is not satisfied with the decision may file a written request for a court hearing. If a court hearing is requested, the appeal will be to the court, either municipal or justice, in which the department is currently filing court appearance citations. (B) Any person who wishes a court hearing must file a written request within ten calendar days from the decision date shown on the review decision form. When the request is received, parking administration will file a complaint with the appropriate court and issue a court appearance citation. A copy of the citation will be mailed to the appealing party along with information on how and when to contact the court. (3) Failure to discharge administrative citation. If a person fails to discharge an administrative citation, either by payment of the fine or by appropriate appeal, the unpaid charges will be entered under his name and he will become subject to forfeiture of his parking privilege under §3.172 of this title (relating to Forfeiture of Parking Privilege) and/or impoundment or immobilization of any vehicle registered in the person's name under §3.173 of this title (relating to Impoundment or Immobilization of Vehicles). (g) Liability of the Vehicle Owner; Presumption of Liability. (1) Except as provided in this subsection, the registered owner and the operator of a vehicle when not the same, shall both be liable for a parking violation charge, unless the owner proves that the vehicle was operated without his express or implied consent. Payment of the administrative fine and late charges, if any, shall operate as final disposition of the parking violation charge. (2) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for a fine, late fee, or costs imposed for a parking violation on a rented or leased vehicle if, within ten days after receiving written notice of a parking violation, the owner provides in affidavit form the true name, address and driver's license number and state of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. A lessor of a vehicle who fails to comply with this provision shall be treated as any other vehicle owner and shall be liable with the vehicle operator for any fine or late charge associated with the violation. (3) It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a law enforcement agency as having been stolen prior to the time of the violation and had not yet been recovered. (4) In any hearing or trial to adjudicate a parking citation, it is presumed that the registered owner of a vehicle for which the citation was issued is the person who stopped, stood or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. |
