43.22A.160  <<  43.22A.170 >>   43.22A.180

Notice of infraction.

(1) The department shall prescribe the form of the notice of infraction issued under this chapter.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination that the 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 the infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific infraction for which the notice was issued;
(d) A statement of a monetary penalty that has been established for the 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 a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the authorized representative who issued and served the notice of the infraction; and
(g) A statement that failure to respond to a notice of infraction is a misdemeanor and may be punished by a fine or imprisonment in jail.
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