Washington Administrative Code
Title 478 WAC – University of Washington
Chapter 478–116 WAC: Parking and Traffic Rules of the University of Washington,
Seattle
WAC 478–116–415: Election to contest immobilization or impoundment.
| (1) |
Submission of petition. A person wishing to
contest immobilization or impoundment of his or her motor vehicle
or bicycle (hereinafter "petitioner") may do so by completing and
submitting an immobilization or impoundment petition (hereinafter
"petition") to transportation services within twenty calendar days
of the date of the immobilization or impoundment. A person wishing
to contest impoundment of his or her skateboard (hereinafter
"petitioner") may do so by completing and submitting a petition to
UWPD within twenty calendar days of the date of impoundment.
The petitioner must complete each section of the petition form
and provide a brief statement regarding circumstances associated
with immobilization or impoundment. The citation hearing officer
shall review the petition and provide written notification of his
or her decision with information about further review within ten
calendar days of taking action on the petition. The amount of fine
or fees assessed in the initial decision is at the discretion of
the citation hearing officer. Any fines or fees owed on an initial
decision not contested as provided in subsection (2) of this
section shall be paid within twenty-one calendar days after service
of the initial decision. If payment is not received within twentyone
calendar days, any offer of settlement or reduction is
withdrawn, the full amount of the fine and fees shall stand, an
additional late fee shall be imposed, and the immobilization or
impoundment shall be deemed final.
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| (2) |
Review of initial decision. If a petitioner
chooses to
contest the initial decision issued by the citation hearing
officer, the petitioner shall forfeit any reduction to the assessed
fines offered in the initial decision. The petitioner must contact
the department processing the petition (transportation services or
UWPD) orally or in writing within twenty-one calendar days after
service of the decision. The request for review shall contain an
explanation of the petitioner's position and a statement of reasons
why the initial decision on the petition was incorrect. The
reviewing officer shall, within twenty calendar days of the date of
the request to review the initial decision, render a final written
decision which shall include a brief statement of the reasons for
the decision, offer of settlement if applicable, and provide
information about the opportunity to appeal the decision to
district court. The amount of fine or settlement assessed in the
final decision is at the discretion of the citation hearing
officer. Any final decision of the reviewing officer not appealed
as provided in subsection (3) or (4) of this section shall be paid
within ten calendar days after service of the decision. If payment
is not received within ten calendar days, any offer of settlement
or reduction is withdrawn, the full amount of the fine or fee shall
stand, an additional late fee shall be imposed, and the citation
shall be deemed final.
|
| (3) |
Discretionary review of initial decision.
If the
petitioner has not requested a review of the initial decision, the
citation hearing officer may, within twenty days after service of
the initial decision, conduct a review and issue a final decision
on its own motion and without notice to the parties, but it may not
take any action on review less favorable to the petitioner than the
initial decision without giving the petitioner notice and
opportunity to explain his or her view of the matter.
|
| (4) |
Appeal to district court. The application
for appeal to
district court shall be in writing and must be filed with the
department processing the petition (transportation services or
UWPD) within ten calendar days of service of the final decision.
The written notice must be submitted on the "Notice of Appeal" form
provided by transportation services or UWPD. The Notice of Appeal
form will be available at transportation services or UWPD during
regular hours of operation. The department processing the petition
will forward the documents relating to the appeal to district
court. No appeal to the district court may be taken unless the
immobilization or impoundment has been contested as provided in
subsections (2) and (3) of this section, in addition to this
subsection.
|
| (5) |
Providing an oral statement.
A petitioner who requests a
review of the initial decision under subsection (2) of this section
may request the opportunity to provide an oral statement before the
citation hearing officer. A request to make an oral statement must
be included in the request for review of the initial decision and
must be submitted within ten calendar days of the initial decision.
If the request for an oral statement is made, the citation hearing
officer shall provide reasonable notice of the time and place for
receiving the oral statement, which must occur no later than twenty
calendar days after the request for review was submitted. If an
oral statement cannot be scheduled within this time frame, the
citation hearing officer will review the request as outlined in
subsection (2) of this section. If a petitioner chooses to contest
the decision issued by the citation hearing officer via appeal to
the district court, the petitioner shall forfeit any reduction in
the assessed fines offered in the hearing officer's decision. |
[Statutory Authority: RCW 28B.10.560 and 28B.20.130.
11-13-058, § 478-116-415, filed 6/14/11, effective 8/8/11.] |