FMLIR 3.5
                         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)  No Appeal Permitted.  There shall be no appeal from a decision made
upon written statements.


[Adopted effective September 1, 2002]