KRS 82.620: Contest of violation determination -- Hearing -- Appeal.

(1) Any person cited for a parking violation under KRS 82.610 may contest the

determination that a violation occurred by requesting in writing a hearing before the

hearing board. Such hearing shall be held no later than fourteen (14) days from the

date of receipt of the request, unless prior to the hearing the person requesting such

hearing requests an extension of time not to exceed fourteen (14) days. No less than

seven (7) days prior to the date set for the hearing, the board shall notify the

registered owne r of the vehicle of the date, time and place of the hearing. Any

person requesting a hearing who fails to appear at the time and place set for the

hearing shall be deemed to have refused to pay the fine levied by the citation.

(2) At the hearing, after con sideration of the evidence, the board shall determine

whether a violation was committed. Where it has not been established that the

violation was committed, an order dismissing the citation shall be entered. Where it

has been established that a violation w as committed, the board shall uphold the

citation and order the owner to pay the citation within seven (7) days. A copy of

such order shall be furnished the owner. Any person ordered to pay the fine who

fails to do so within seven (7) days shall be deemed to have refused to pay the fine

levied by the citation.

(3) The board may consider the parking citation and any other written report made

under oath by the officer who issued the citation in lieu of the officer's personal

appearance at the hearing.

(4) An appeal from the hearing board's determination may be made to the District Court

of the county in which the city is located within seven (7) days of the board's

determination. The appeal shall be initiated by the filing of a complaint and a copy

of the board's order in the same manner as any civil action under the Rules of Civil

Procedure. The action shall be tried de novo and the burden shall be upon the local

government to establish that a violation occurred. If the court finds that a violation

occurred, the owner shall be ordered to pay to the local government all fines, fees

and penalties occurring as of the date of the judgment. If the court finds that a

violation did not occur, the local government shall be ordered to dismiss the citation

and the plaintiff shall be authorized to recover his costs.

(5) The judgment of the District Court may be appealed to the Circuit Court in

accordance with the Rules of Civil Procedure.