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2014
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Contesting Parking Violation

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Contesting a Notice of Parking Violation: Procedure

(Pursuant to Div. 17, Article 3, § 40200 et. seq. of the California Vehicle Code)

Initial Administrative Review by Issuing Agency

For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, a person may request an initial review of the notice by the issuing agency by visiting www.paymycite.com/sierracollege.
Instructions on completing the online appeal process can be found here.

The request may be made by telephone, in writing, online, or in person. There is no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances 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 or the processing agency shall mail the results of the initial review to the person contesting the notice.

Administrative Hearing by Hearing Examiner

If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing no later than 21 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.

(Note: If a person contesting a notice of parking violation is unable to pay the amount due because of financial hardship, an administrative hearing may be scheduled without advance payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. Satisfactory proof of inability to pay must be in the fully completed Tier II Appeal packet.) An administrative hearing will be scheduled within 90 calendar days following the receipt of a completed Tier II Appeal packet. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.

The person requesting a hearing shall have the choice of a hearing by mail or in person. In-person hearings are held at the Roseville Court located at 1051 Junction Blvd., Roseville, CA. Persons appearing in person should bring any witnesses, statements, photographs, permits, placards, registrations, or any other evidence they wish to be considered. If a person requests a hearing by mail, any statements, photographs, permits, placards, registrations, or other evidence, must be received at Sierra College Parking and Security Services at least five working days before the date of the hearing. Mailed statements and any accompanying evidence will be delivered to the Hearing Examiner on or before the date of the hearing.

If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility 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. The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and shall provide an independent, objective, fair, and impartial review of contested parking violations.

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 thereof 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.

The Hearing Examiner's decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail. If the examiner determines that a person is not liable for the violation, then any parking penalty paid shall be returned, in person or sent by first-class mail, within 21 days from the mail date of the Hearing Examiner’s decision. If the examiner determines that a person is liable for the violation, then any parking penalty paid shall be applied toward satisfying the parking penalty.

Any remainder due shall be payable within 21 days of the mail date of the Hearing Examiner’s decision except that, the examiner may allow payment of the parking penalty in installments, or an issuing agency may allow for deferred payment or allow for payments in installments, 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.

Judicial Review

The decision of the Hearing Examiner is final for the administrative adjudication process. The contesting person does, however, have the right to judicial review. This appeal is allowed in order to determine whether or not the person’s rights were prejudiced by a decision which is: unsupported by substantial evidence; arbitrary or capricious; an abuse of discretion; or otherwise not in accordance with law.

To exercise this right, an appeal must be filed in the Placer County Municipal Court within 21 days from the mail date of the Hearing Examiner’s decision. The court charges a $25 filing fee to process an appeal. If the court rules in favor of the contestant, the issuing agency must refund the $25 filing fee as well as any parking penalty that the court may dismiss.

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