§ 10.32.090. Administrative review—Hearing procedure.

A.

If the person contesting a notice of violation or notice of delinquent violation under Sections 10.32.060 through 10.32.110 is not satisfied with the results of the preliminary investigation and wishes further administrative review, the person shall, within fifteen days of the mailing of the results of the preliminary investigation, request an administrative hearing. The request for administrative hearing shall:

1.

Be in writing;

2.

Be directed or delivered to the address of the contract processing agency;

3.

Be accompanied either by a deposit of the amount of the civil penalty prescribed for the violation or delinquent violation or by verifiable and substantial proof of inability to deposit the full amount, except no deposit or proof inability to deposit need be made if a vehicle has been impounded or immobilized for nonpayment of the violations and remains under the control of the impounding or immobilizing agency during all proceedings to contest the violations;

4.

Shall indicate whether the contestant elects to have the hearing conducted by mail or by personal conference. If the hearing is by personal conference, the location thereof shall be determined by the hearing examiner.

B.

If the person contesting the notice of violation or notice of delinquent violation is a minor, that person may appear at the hearing or admit responsibility for the violation without the necessity for appointment of a guardian, and the contract processing agency may proceed against that person in the same manner as if that person were an adult.

C.

The issuing officer shall not be required to participate in the administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy thereof, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. Such documentation, if in proper form, shall be considered prima facie evidence of the violation.

D.

The hearing shall be conducted in a fair and impartial manner in accordance with that written procedure approved by the board of supervisors as part of the board's contract with the contract processing agency.

E.

At the conclusion of the hearing, the hearing examiner shall render a final decision in writing, a copy of which shall be delivered personally to the person by the hearing examiner (if the hearing was by personal conference) or by first-class mail (if the hearing was by mail).

(Ord. 1055 § 11 (part), 1993: prior code § 4808)