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]
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