7.80.070 - Notice -- Determination final unless contested -- Form.

Notice — Determination final unless contested — Form.

(1) A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter.

     (2) The form for the notice of civil infraction shall be prescribed by rule of the supreme court and shall include the following:

     (a) A statement that the notice represents a determination that a civil infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;

     (b) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

     (c) A statement of the specific civil infraction for which the notice was issued;

     (d) A statement of the monetary penalty established for the civil infraction;

     (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

     (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the person may subpoena witnesses including the enforcement officer who issued the notice of civil infraction;

     (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;

     (h) A statement that the person must respond to the notice as provided in this chapter within fifteen days;

     (i) A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be referred to the prosecuting attorney for criminal prosecution for failure to respond or appear;

     (j) A statement that failure to respond to a notice of civil infraction or to appear at a requested hearing is a misdemeanor and may be punished by a fine or imprisonment in jail.

[2006 c 270 § 5; 1987 c 456 § 15.]