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446-105-140  <<  446-105-150 >>   446-105-160

PDFWAC 446-105-150

Who can request a hearing to contest an infraction and what issues will be addressed at the hearing?

(1) Any person or business who receives a work zone speed safety camera system notice of infraction may request a hearing to contest the infraction.
(2) At the time a contested hearing is requested, the petitioner will be asked to identify the issues that they intend to raise at the hearing. The petitioner must identify all issues they intend to raise at the hearing when they make the hearing request.
(3) The petitioner may choose any of the following general issues at a hearing to contest the infraction:
(a) General denial. The petitioner does not believe they should be found liable for the infraction;
(b) Radar/Lidar. Challenges the proper operation of the radar/lidar equipment, including calibration;
(c) Worker presence. Challenges workers being present in the state highway work zone at the time of the violation, as defined in WAC 468-90-010;
(d) Nonresponsibility. The petitioner denies responsibility per RCW 46.63.075 because the vehicle was stolen, or the petitioner was not the person in control of the vehicle at the time of the violation;
(e) Exempt vehicle. The vehicle is exempt from the issuance of work zone speed safety camera infractions under WAC 446-105-070; and
(f) Other. Issues other than those identified in (a) through (e) of this subsection. The petitioner must describe in detail any other issues they intend to raise at the hearing.
(4) The issues the petitioner has identified will be reflected on the hearing notice that will be mailed. If no objection to the issues identified in the hearing notice is filed with the OAH within 10 calendar days after the date such notice is mailed, the notice will control the subsequent course of the proceeding unless modified for good cause by subsequent order.
[Statutory Authority: RCW 46.63.200. WSR 25-03-026, s 446-105-150, filed 1/7/25, effective 2/7/25.]