Hearing procedures.

Houston Code of Ordinances § 10-709

in effect

Sec. 10-709. - Hearing procedures. (a) Every hearing conducted pursuant to this article must be held before a hearing officer no sooner than 30 days after the citation or summons has been filed in municipal court. (b) The person charged must personally appear at the hearing at the time, date, and location set forth in the citation or summons and at any subsequent hearings set because of postponement or continuance. (c) The administrative citation or summons is rebuttable proof of the facts that it states. (d) The formal rules of evidence do not apply at the administrative hearing and any relevant evidence will be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. The hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing. (e) Each party shall have the right to call and examine witnesses, to introduce exhibits that are relevant to the issues at the hearing, to cross examine opposing witnesses on any matter relevant to the issues, and to rebut evidence. (f) The inspector who issued the citation is not required to be present at the hearing, but the person charged with the violation may request that the inspector be present by submitting a written request to the clerk of the municipal courts no later than 15 days before the hearing. Absent a timely request for the inspector to be present, the person charged is deemed to have waived the right to call and examine that inspector. (g) If the person charged wants a record of the proceeding or a translator, the person must notify the clerk of the municipal courts at least five days before the hearing date. Absent a timely request, the person is deemed to have waived the right to have a record of the hearing or to have a translator. (h) The hearing officer may examine any witness and may consider any evidence offered by a witness or person charged with a violation. (i) After hearing the evidence and testimony presented, the hearing officer shall issue a written order. (1) If the hearing officer determines that the charged party is liable for the violation, then the hearing officer shall issue at the hearing an administrative order of liability for the violation and assess the appropriate administrative penalties, costs, and fees, and notify the person of the right to appeal to municipal court. (2) If the hearing officer determines that the charged person is not liable for the violation, then the hearing officer shall issue at the hearing an administrative order of non-liability. (j) A person who has been found liable for a violation may, after the hearing officer has issued an administrative order, but prior to the conclusion of the hearing, assert financial inability to pay the administrative penalties, costs, and fees assessed by the hearing officer. At that time, the hearing officer may stay enforcement of the administrative order and make a determination of financial inability to pay pursuant to sections 10-708 (7) and (8) of this Code. (k) An administrative order issued by the hearing officer must be filed with the clerk of the municipal courts. (l) Any record of an administrative hearing must be kept and stored for not less than 45 days after the last day of the administrative hearing. Any administrative hearing that is appealed must be transcribed from the record by a court reporter or other person authorized to transcribe court proceedings. The court reporter or other person transcribing the record of the hearing is not required to have been present at the administrative hearing. (m) The person seeking to appeal an administrative order to the municipal court shall pay for any transcription of the record of the administrative hearing unless the hearing officer finds, pursuant to section 10-708 of this Code, that the person is unable to pay or give security for the transcription. (Ord. No. 2010-815, § 2, 10-13-2010)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH10BUNEPR_ARTXVIIIALADADPR_S10-709HEPRFetched: 10/26/2026