LD 1705, Page 5 - 121th Legislature, SECOND REGULAR Session

I.__The registered owner may, without waiving the right to a

hearing before a violation clerk as provided by paragraph J

and also without waiving the right to judicial review as

provided by Title 5, chapter 375, subchapter 7, appeal a

notice of liability as provided by paragraph C, subparagraph

(4) and receive a review and disposition of the violation

from a violation clerk by mail.__The appeal by mail must

contain a signed statement from the registered owner

explaining the basis for the appeal.__The signed statement

may be accompanied by signed statements from witnesses,

police officers, government officials or other relevant

parties or photographs, diagrams, maps or other relevant

documents that the registered owner determines appropriate

to submit.__Statements or materials sent to a violation

clerk for review must have attached to them the name and

address of the registered owner as well as the number of the

notice of liability and the date of the violation.__All

information submitted by the registered owner becomes part

of the violation record.__The violation clerk shall, within

60 days of receipt of such material, review the material and

dismiss or uphold the violation and notify the registered

owner of the disposition of the hearing in writing by mail.__

If the appeal by mail is denied, the violation clerk shall

explain the reasons for the determination.__The review and

disposition handled by mail is informal, the rules of

evidence do not apply and the decision is final, subject to

the hearing provisions of paragraph J.

J.__As provided by paragraph C, subparagraph (4) or within
30 days of the issuance of a decision by a violation clerk
under paragraph I, a registered owner may make a written
request for an appeal hearing before a violation clerk
designated by the authority.__The violation clerk shall then
notify the registered owner in writing by first-class mail
of the date, time and place of the hearing. The hearing is
informal, the rules of evidence do not apply and the
decision of the violation clerk is final.__The violation
clerk shall notify the parties in person or by mail of the
decision following the hearing.__Each written appeal
decision must contain a statement of reasons for the
decision including a determination of each issue of fact
necessary to the decision.__Failure to appear at the date,
time and place specified on the hearing notice automatically
results in the denial of the appeal.

K.__Any decision by a violation clerk under this section is
subject to judicial review of final agency action in the
manner provided by Title 5, chapter 375, subchapter 7.

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