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Contesting Parking Citations

First Level Dispute

Responsibility: Contestant

Action: (1) Must within 21 days of issuance of the ticket or within 14 days of the mailing of the notice of delinquent parking violation request an Initial Review (CVC § 40215 (a)) by the SCCCD PD. The request may be made by telephone at (559) 244-6140, online at pmbonline.org, or in person at the SCCCD PD Station. There is no charge for the Initial Review.

Responsibility: SCCCD PD

Action: (2) Must promptly investigate the parking citation concerning the contestant's written explanation of reasons for contesting the parking violation and promptly notify the contestant by email of the investigation results. (3) SCCCD PD may cancel a citation at any time in the interest of justice. The grounds for cancellation must be entered with PMB.

Responsibility: Contestant

 

Second Level Dispute

Action: (4) If the Initial Review finds the citation is valid and the contestant is still not satisfied with the results provided by SCCCD PD per paragraph (2).

  1. The contestant shall deposit with Parking Management Bureau (pmbonline.org) the entity processing parking citations for SCCCD PD, the amount of the parking penalty, administrative hearing examiner fees, and other related charges as set by the Board of Trustees.
  2. The contestant shall request, in writing, a review by a hearing examiner.

(5) A second-level (Administrative Hearing) dispute must be made within twenty-one (21) days of the mailing of the results of the Initial Review to PMB, the entity processing parking citations for SCCCD PD. The request must be accompanied by a written explanation of the reasons for contesting the violation and a deposit for the full amount of the penalties, fees, and charges. The contestant's request may be made by phone, mail-in, or in person. (CVC § 40215(b)).

(6) If the contestant can provide verifiable and substantial proof of his/her inability to deposit the full amount of the penalties, fees, and charges, a request for waiver of penalties, fees, and charges deposit may be filled out and reviewed by the SCCCD PD for approval.

(7) The District shall appoint a hearing examiner who demonstrates the qualification, training, and objectivity prescribed by the Vice-Chancellor of Operations as necessary and consistent to preside over hearings and determine guilt or innocence.

(8) The 2nd level dispute shall be conducted in accordance with written procedures, which shall ensure a fair and impartial review of contested parking violations. The examiner's continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount collected by the examiner.

 

Third Level Dispute

Contestant: (9) If the contestant is found liable for the violation by the hearing examiner, he/she can file an appeal with a civil court within 30 days of the mailing of the hearing examiner's decision. To request a court appeal, you must contact PMB at 1-800-700-4417. The court requires a $25.00 filing fee to process an appeal. (CVC § 40230(a)) (10) Must pay all court costs incurred.

Civil Court: (11) Will hear the appeal of SCCCD's file in the case submitted as evidence. A copy of the notice of parking violation is admitted as prima fascia evidence of the violation. (12) If the court overrules the hearing examiner, SCCCD must refund all court costs and citation penalties paid to the contestant. (CVC § 40230(b)).

 

Following California Vehicle Code Section 21113, the SCCCD will enforce these procedures by issuing citations. It shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in these procedures.