Cal. VEH § 22445.2 — California Code / Code veh / Division 11 / Chapter 7 / Article 5 / Section 22445.2
Section 22445.2
Status: in_force

(a) No later than 30 calendar days from the date of mailing of a notice of violation, the recipient may request an initial review of the notice by the department. The request may be made by telephone, in writing, electronically, or in person. There shall be no charge for this review. If, following the initial review, the department is satisfied that the violation did not occur, or that extenuating circumstances make cancellation of the notice of violation appropriate in the interest of justice, the department shall cancel the notice of violation. The department shall mail the results of the initial review to the person contesting the notice within 60 days of receipt of the recipient’s request for an initial review, and, if cancellation of the notice does not occur following that review, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedures adopted by the department for the administrative hearing, including for waiving prepayment of the civil penalty based upon an inability to pay pursuant to paragraph (2) of subdivision (b).

(b) (1) If the person contesting the notice of violation is dissatisfied with the results of the initial review, the person may, no later than 21 calendar days following the mailing of the results of the department’s initial review, request an administrative hearing of the violation. The request may be made by telephone, in writing, electronically, or in person.

(2) The person requesting an administrative hearing shall pay the amount of the civil penalty to the department. There shall be no additional charge for this hearing. The department shall adopt a written procedure to allow a person to request an administrative hearing without payment of the civil penalty upon satisfactory proof of an inability to pay the amount due.

(3) The administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.

(c) The administrative hearing process shall include all of the following:

(1) The person requesting a hearing shall have the choice of a hearing upon written declaration, video conference, or in person. An in-person hearing shall be conducted within the department district where the violation was issued.

(2) If the person requesting a hearing is an unemancipated minor, that person shall be permitted to appear at a hearing or admit responsibility for the automated speed violation without the appointment of a guardian. The department 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 department. The hearing shall provide an independent, objective, fair, and impartial review of contested automated speed violations.

(4) (A) The department shall appoint or contract with qualified independent examiners or administrative hearing providers that employ qualified independent examiners to conduct the administrative hearings. Examiners shall demonstrate the qualifications, training, and objectivity necessary to conduct a fair and impartial review, and shall meet the minimum requirements specified in subparagraph (B). The examiner shall be separate and independent from the notice of violation issuing and processing functions. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of civil penalties upheld by the examiner or the number or percentage of violations upheld by the examiner.

(B) (i) Examiners shall have a minimum of 20 hours of training. The examiner, unless an employee of the department, is responsible for the costs of the training. The department may reimburse the examiner for those costs. 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.

(III) A program conducted by the American Arbitration Association or a similar organization.

(IV) Any program approved by the department, including a program developed and provided by, or for, the department.

(ii) Training programs shall include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the department, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. Up to eight hours of the training requirements described in this subparagraph may be credited to an individual, at the discretion of the department, based upon training programs or courses described in this subparagraph that the individual attended within the last five years.

(5) The employee of the department who issues a notice of violation shall not be required to participate in an administrative hearing. To establish a violation, the department shall not be required to produce any evidence other than, in proper form, the notice of violation or copy thereof, including the photograph of the vehicle’s license plate, 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. If the department meets its initial burden, the recipient of the notice of violation may present any evidence and argument in defense.

(6) The examiner’s final decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail within 60 days of the date of the conclusion of the administrative hearing.

(7) Following a determination by the examiner that a person has committed the violation, the examiner or the department shall offer violation recipients who are indigent or who otherwise provide evidence satisfactory to the examiner or the department of an inability to pay the civil penalty in full, the option to pay applicable fines and penalties over a period of time under a payment plan with monthly installments not to exceed twenty-five dollars ($25). Any processing fee to participate in a payment plan shall not exceed five dollars ($5).

(8) If a notice of violation is dismissed following an administrative hearing, any civil penalty, if paid, shall be refunded by the department within 30 days.