Information On Appeal Of Parking Citation Superior Court Of California County Of Orange - Limited Civil

Cal. Form L-1179

California Superior Local Rules

Information L-1179 (Rev. March 7, 2024) INFORMATION ON APPEAL OF PARKING CITATION SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE - LIMITED CIVIL www.occourts.org INFORMATION ON APPEAL OF PARKING CITATION California Vehicle Codes and Filing Fee - $25.00 § 40215. Initial review of notice of parking violation; Administrative hearing process; Time limits (

a) For a period of calendar days from the issuance of a notice of parking violation or calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a cop y or facsimile of the original notice of parking violation pursuant to

Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone , in writing, or in person. There shall not be a charge for this review.

If, following the initial review, the issuing agency is sat isfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circu mstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation.

The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (

b) for waiving prepayment of the parking penalty based upon an inability to pay. (

b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person who is indigent, as defined in

Section 40220, to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed calendar days. (

c) The administrative hearing process shall include the following:

(1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in- person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, hear ings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency.

(2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibil ity for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult.

(3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations. (4) (

A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance.

The examiner shall be separate and independent from th e citation, collection, or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner. (B) (

i) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The issuing agency may reimburse the examiner for those costs. (ii) Training may be provided through any of the following: (

I) An accredited college or university. (II) A program conducted by the Commission on Peace Officer Standards and Training. Information L-1179 (Rev.

March 7, 2024) INFORMATION ON APPEAL OF PARKING CITATION (III) American Arbitration Association or a similar established organization. (IV) Through a program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the issuing agency. (iii) Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. (iv) Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12 hours of training.

In addition, up to eight hours of the training requirements described in clause (

i) may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in clause (ii) that the individual attended within the last five years.

(5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy of the notice and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.

(6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial.

(7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the i ssuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the governing board of the issuing agen cy, the examiner may permit the performance of community service in lieu of payment of a parking penalty. (

d) The provisions of this

section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency. § 40230. Appeal to municipal or superior court; Time limits; Filing fees (

a) Within calendar days after the mailing or personal delivery of the final decision described in subdivision (

b) of

Section 40215, the contestant may seek review by filing an appeal to be heard by the superior court where the same shall be heard de novo, except that the contents of the processing agency's file in the case shall be received in evidence. A copy of the notice of parking violation or, if the citation was issued electronically, a true and correct abstract containing the information set forth in the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the 30- calendar-day period,

Section of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case. (

b) The fee for filing the notice of appeal is as provided in

Section of the Government Code. The court shall request that the processing agency's file on the case be forwarded to the court, to be received within calendar days of the request. Th e court shall notify the contestant of the appearance date by mail or personal delivery. The court shall retain the fee under

Section of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the processing agency. Any deposit of parking penalty shall be refunded by the processing agency in accordance with the judgment of the court. (

c) The conduct of the appeal under this

section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (

d) If no notice of appeal of the processing agency's decision is filed within the period set forth in subdivision (a), the decision shall be deemed final. (

e) If the parking penalty has not been deposited and the decision is against the contestant, the processing agency shall, after the decision becomes final, proceed to collect the penalty pursuant to

Section 40220.

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-1179
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	9c526cbda1925fce18ad748f531f4b22550981d2

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