Contesting a Citation- Example D
Administrative Hearing Instructions
ADMINISTRATIVE HEARING INSTRUCTIONS
California Vehicle Code section 40215 requires that any person requesting an Administrative Hearing must first:
- Post a deposit on the outstanding violation(s) in the amount of the current parking penalty, or complete a Declaration of Financial Hardship form (available in the City Treasurer's Office or by calling 310-618-5804); and
- Document, in writing, the reason(s) the citation is being contested.
PLEASE RETURN THE ORIGINAL CITATION WITH YOUR REQUEST.
AT THE HEARING:
You may appear at the Administrative Hearing or request that the matter be decided on the basis of the written documents in the file.
The Hearing Examiner will have read the written material you were required to submit with your Request for Administrative Hearing, so it will not be necessary to discuss those items in much detail. The results of your request for Administrative Review will also be included with the materials in your file, so the Hearing Examiner will have reviewed the previous research. The Officer or person who issued the parking citations will NOT appear. The parking citation establishes the basic, or prima facie, case that the registered owner of the vehicle identified on the citation committed the violation. You may rebut the City's prima facie case by presenting credible and sufficient evidence that the citation is not valid.
You will be provided with an opportunity to present all relevant evidence. Formal rules of evidence do not apply. However, irrelevant evidence will be excluded.
The Burden of Proof will be on the City to prove the violation by a preponderance of the evidence.
You have the right to be represented by counsel at your own expense.
AFTER THE HEARING:
Upon hearing all of the relevant information, the Hearing Examiner will take the case under submission. The results of the Administrative Hearing will be mailed to you within (7) days. If the case is decided in your favor, your deposit will be refunded within (14) days.