Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 8101 - Administration › Chapter 00002 - Toll Facilities › Schedule of Toll Evasion Penalties › Section 37-1-8101-00002-600

Current through June 25, 2024
Pursuant to Code Section
						65-43-77,
						the Department is establishing a system of civil administrative adjudication
						for the contesting of toll violations. This section describes the
						administrative appeal process when a registered vehicle owner chooses to
						contest a Notice of Toll Evasion. The intent of the administrative adjudication
						process is to secure a just and final administrative decision.
1. Notice of Toll Evasion - The Department or
					 the Processing Agency if a Processing Agency has been appointed shall give a
					 notice of toll evasion violation (the "Notice of Toll Evasion") to the
					 registered owner in accordance with Code Section
					 65-43-73(2).
					 In addition to the information prescribed by Code Section
					 65-43-73(2)
					 and Section
					 65-43-75,
					 the Notice of Toll Evasion shall inform the registered owner of the
					 availability of a hearing in which the violation may be contested on its merits
					 and the manner in which the hearing may be conducted. The Notice of Toll
					 Evasion shall inform the registered owner that failure to contest the alleged
					 violations in the manner and time provided shall be deemed an admission of
					 liability and that a final order of liability may be entered on that admission.
					 The Notice of Toll Evasion shall further state that failure to either pay the
					 indicated toll, penalty or administrative fee or to request a hearing on the
					 merits will result in a final order of liability in the amount of the toll, a
					 penalty and/or administrative fee indicated. The Processing Agency may perform
					 or execute the preparation, certification, affirmation, or mailing of the
					 Notice of Toll Evasion.
2.
					 Representation A registered owner may represent himself or may choose to
					 designate an authorized representative at any point throughout the
					 administrative adjudication process.
3. Written Request for Administrative Hearing
a. The registered owner contesting a Notice
					 of Toll Evasion must request a hearing in writing within 30 days after the date
					 of the Notice of Toll Evasion. The written request for a hearing must be sent
					 within such 30 days to the Department or the Processing Agency, if the
					 Department has appointed a Processing Agency, must include a statement of the
					 relief being sought and the amount of the toll, penalty and/or administrative
					 fee in dispute. The request also must include the registered owner's name,
					 vehicle make and model, tag number and the reason the registered owner is
					 contesting the Notice of Toll Evasion.
b. The request must include the registered
					 owner's mailing address and the name and address of his authorized
					 representative, if at the time of filing the registered owner has selected such
					 representative. If at any time thereafter the registered owner selects an
					 authorized representative, the registered owner must submit the name and
					 address of such authorized representative to the Department or the Processing
					 Agency, if the Department has appointed a Processing Agency. It is the
					 responsibility of the registered owner contesting to provide and maintain an
					 official mailing address on file with the Processing Agency. Any change of
					 address during the administrative adjudication process must be made in writing
					 and addressed to the Department or the Processing Agency, if the Department has
					 appointed a Processing Agency.