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Title: 10 - Vehicles and Traffic

Chapter: 14 - Parking Enforcement

Section: 20 - Administrative adjudication procedure

  1. Purpose. The procedures embodied in this administrative adjudication procedure have been duly adopted by the Board of Supervisors, under the authority of, and for the purpose of implementing the requirements of Vehicle Code sections 40200 through 40230. The purpose of the procedures specified herein is to provide a fair and thorough process for review, both at the administrative level, and in the form of a hearing when requested, of citations issued for parking or standing violations, within the unincorporated area of the County of Del Norte.
  2. Application of Time Limitations. Within this procedure there are various time limitations established for presentation of certain requests, including but not limited to requests for administrative review, requests for administrative hearing, and requests for copies of documents. For purposes of this procedure, the specified time limitations are jurisdictional. Untimely requests will be rejected. Waivers will not be issues. No person has authority to waive or otherwise grant exceptions to a specified time limitation.
  3. Summary of Procedures. This procedures encompasses two sequential stages of review available to persons or entities wishing to contest citations for parking or standing violations:
 
1.  Administrative review; and
2.  Administrative hearing.
 
The first stage, administrative review, is initiated by a contestant ' s timely written, telephonic, or in-person request for review of the circumstances surrounding issuance of the citation. The contestant will be required to complete a review request form. The reasons for the contest must be specified in the form in order to focus the investigation. The review process consists of an investigation by the issuing agency staff, who will review the citation and the circumstances surrounding its issuance. The results of this process will be mailed to the contestant.
 
The second stage, administrative hearing, is initiated by a contestant who is not satisfied with the results of the administrative review. To initiate this process, the contestant must, on the written request form provided by the county, indicate whether he or she prefers a hearing by mail or in person. The reasons for the contest much also be articulated on the form. In order to perfect the appeal, the contestant must also deposit the amount of the parking penalty, at the time the administrative hearing is requested. If any of these requirements are not met
within the prescribed time limits, the appeal will be untimely and will be rejected. The hearing will be conducted by an independent hearing examiner. The hearing will be conducted in accordance with the provisions of this procedure. A written determination of the contest will be provided to the contestant personally, or by mail.Finally, appeal of the county\'s final decision on the citation may be made to the Superior Court.
(Ord. 2009-005 ยง 4 (part),2009)