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                                    EMCIR 2
                         DECISION ON WRITTEN STATEMENT


     (A)  Generally.  The Court shall examine the citing officer's report and
any statement submitted by the respondent.  The examination shall take place
within 120 days after the respondent has filed a response to the notice of
infraction.  The examination may be held in chambers and shall not be governed
by the Rules of Evidence.

     (B)  Factual Determination.  The Court shall determine whether the
plaintiff has proved by a preponderance of all evidence submitted that the
respondent has committed the infraction if contested.

     (C)  Disposition.  If the Court determines that the infraction has been
committed, it may assess a penalty in accordance with IRLJ 3.3.  If the Court
defers a finding for a specified period of time on certain conditions, it may
assess an administrative fee to process the infraction notice.

     (D)  Notice to Parties.  The Court shall notify the parties in writing
whether the infraction was found to be committed, deferred, or dismissed and
what penalty or administrative fee, if any, was imposed.

     (E)  The court administrator and/or court clerks shall have the authority
to resolve "Failure to Provide Proof of Insurance" infractions at the court
office window as follows:  a)  If respondent had insurance in force on the day
the citation was issued, and the respondent provides such proof to the court
staff member, the court staff member shall copy the proof of insurance
verification which shall be attached to the infraction, and the case will be
dismissed upon payment of a $25.00 fee to cover administrative costs.  (b)  If
respondent did not have insurance of the date of the citation, but has now
obtained insurance, the citation will be entered as "committed" but the court
staff member shall reduce the fine from $550.00 to $250.00.  The court staff
member shall copy the proof of insurance verification, shall enter the
appropriate decision on each ticket, enter the monetary amount due by
respondent, and sign and date the ticket.

     (F)  No Appeal Permitted.  There shall be no appeal from a decision made
upon written statements.


[Adopted effective September 1, 2012]
	

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