BILL NUMBER: AB 1104 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Monning
FEBRUARY 27, 2009
An act to amend Section 38346 40215
of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1104, as amended, Monning. Vehicles: off-highway motor
vehicle. parking violations.
Existing law allows a person to request a review of a notice of
parking violation by the issuing agency if the request is made within
21 calendar days from the issuance of the notice or 14 calendar days
from the mailing of the notice of delinquent parking violation.
Existing law also requires a processing agency, within 15 days of
a request, to mail or otherwise provide a copy or facsimile of the
original parking violation notice to the person who has received the
parking violation notice.
This bill, for purposes of counting the number of days a person
has to request an initial review of the notice of parking violation,
would exclude the period of time between the day a processing agency
receives a request for a copy of the original parking violation
notice and the day the processing agency complies with the request.
Existing law prohibits a person from displaying a flashing or
steady red or blue warning light on a off-highway motor vehicle,
except as specified.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION. 1. Section 40215 of the
Vehicle Code is amended to read:
40215. (a) 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, excluding the period
of time between the day a processing agency receives a request for a
copy 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 be 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 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.
(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 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. The issuing agency shall provide
a written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory
proof of an inability to pay the amount due. Notice of this procedure
shall be provided to all persons requesting an administrative
hearing. After January 1, 1996, an administrative hearing shall be
held within 90 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 21 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, hearings 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 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.
(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 the 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) 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. Training may be
provided through (i) an accredited college or university, (ii) a
program conducted by the Commission on Peace Officer Standards and
Training, (iii) American Arbitration Association or a similar
established organization, or (iv) through any program approved by the
governing board of the issuing agency, including a program developed
and provided by, or for, the agency. 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. 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
this subparagraph 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 (i) to (iv), inclusive,
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 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.
(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) Following a determination by the examiner that a person has
committed the violation, the examiner may, consistent with the
written guidelines established by the issuing agency, 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. If authorized by the governing board of the
issuing agency, 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.
SECTION 1. Section 38346 of the Vehicle Code is
amended to read:
38346. Except as permitted by Section 21055 or when an extreme
hazard exists, a person shall not display a flashing or steady
burning red or blue warning light on an off-highway motor vehicle.