Procedural requirements
8. (1) An administrative fee by-law passed by the Corporation shall include the following procedural requirements in order to ensure that a person who receives an administrative fee notice receives procedural fairness: 1. An owner of a vehicle to whom section 4 applies or a passenger to whom section 5 applies, as the case may be, must be provided with reasonable notice that an administrative fee is payable under the administrative fee by-law. 2. The individual issuing an administrative fee notice in respect of the contravention of a designated by-law is not allowed to accept payment in respect of the administrative fee. 3. A person who receives an administrative fee notice shall be given the right to request a review of the administrative fee by a screening officer appointed by the Corporation for that purpose. 4. The screening officer may cancel, affirm or vary the administrative fee, including any additional fee imposed under section 11, upon such grounds as are set out in the administrative fee by-law. 5. A person who receives notice of the decision of the screening officer shall, in such circumstances as may be specified in the administrative fee by-law, be given the right to a review of the screening officer’s decision by a hearing officer appointed by the Corporation for that purpose. 6. The hearing officer shall not make a determination with respect to a review of the screening officer’s decision unless he or she has given the person who requested the review an opportunity to be heard. 7. The hearing officer may cancel, affirm or vary the decision of the screening officer upon such grounds as are set out in the administrative fee by-law. 8. Procedures must be established to allow a person to obtain an extension of time in which to request a review by a screening officer, or a review by a hearing officer, on such grounds as are set out in the administrative fee by-law. 9. Procedures must be established to permit persons to obtain an extension of time for payment of the administrative fee on such conditions as are set out in the administrative fee by-law. 10. The procedures established under paragraphs 8 and 9 shall provide for a suspension of the enforcement mechanisms available under sections 9 and 10 in relation to the administrative fee if an extension of time has been granted. 11. Procedures must be established to permit persons to be excused from paying all or part of the administrative fee, including any additional fees referred to in section 11, if requiring them to do so would cause undue hardship. O. Reg. 282/10, s. 8 (1). (2) The appointment of the hearing officer shall be consistent with the conflict of interest guidelines referred to in clause 7 (a) and the hearing officer shall conduct hearings in an impartial manner. O. Reg. 282/10, s. 8 (2). (3) Neither a screening officer nor a hearing officer has jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law. O. Reg. 282/10, s 8 (3). (4) The Statutory Powers Procedure Act applies to a review by a hearing officer. O. Reg. 282/10, s. 8 (4). (5) The decision of a hearing officer is final. O. Reg. 282/10, s. 8 (5).