28-7760. Administrative hearings; rehearing; appeal; collection
A. A toll operator that seeks to enforce collection of tolls, administrative charges and penalties, or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 and who seeks to contest the alleged toll evasion and collection of associated tolls, administrative charges and penalties, may file a petition for an administrative hearing with the department pursuant to title 41, chapter 6, article 6 and administrative hearing rules adopted by the department.
B. A toll operator or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 must file a petition for an administrative hearing within one year after the deadline prescribed in the notice of toll evasion.
C. If a toll operator files a petition for an administrative hearing, a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered to that person pursuant to section 28-7759 may contest the alleged toll evasion and associated tolls, administrative charges and penalties exclusively at this hearing.
D. The scope of the department's administrative hearing is limited to the contest of tolls, administrative charges and penalties identified in the notice of toll evasion.
E. A toll operator or any person who is subject to a notice of toll evasion may retain legal counsel to represent the toll operator or person who is subject to the notice of toll evasion in the administrative hearing.
F. Any party to an administrative hearing pursuant to this section may request a continuance of the administrative hearing pursuant to rules adopted by the department.
G. If the evidence presented by the toll operator includes all of the following, the evidence constitutes prima facie evidence of the toll evasion and the amounts stated in the notice of toll evasion:
1. The notice of payment due.
2. The notice of toll evasion.
3. Information received from the department or any other state agency or jurisdiction that identifies the registered owner of the motor vehicle.
4. A certificate sworn to or affirmed by a person employed, engaged or authorized by the toll operator or a copy of the certificate that states to the person's personal knowledge that all of the following apply:
(a) The notice of payment due and the notice of toll evasion are authentic.
(b) The amount due is accurate.
(c) The notice of payment due and notice of toll evasion were delivered as required by this article.
5. If the person identified in the notice of toll evasion is a lessee, a copy of the rental agreement, lease, contract document or affidavit that identifies the lessee of the motor vehicle at the time of the alleged toll nonpayment.
6. If the person identified in the notice of toll evasion is a transferee of title to the motor vehicle, a copy of the assignment of title or interest and warranty to the transferee that evidences a date of transfer before the date of the alleged toll nonpayment.
H. The person authorized to issue a notice of payment due or notice of toll evasion is not required to participate in the administrative hearing and is not subject to subpoena, except that the hearing officer may permit a deposition to be taken and introduced into the record of the evidentiary hearing. If the deposed person does not appear, the sworn statements contained in the deposition are admissible in evidence at the administrative hearing.
I. If a toll operator petitions for an administrative hearing and the person to whom the notice of toll evasion is delivered or deemed delivered pursuant to section 28-7759 fails to appear at the time of hearing to contest the alleged toll evasion:
1. The hearing officer shall make a record of the evidence constituting a prima facie case of toll evasion and shall enter a written decision or order based on the evidence presented by the toll operator.
2. A request for rehearing by a nonappearing party shall not be considered unless the nonappearing party first deposits the full amount awarded in the previous written decision or order with the department or its designee, except that the hearing officer may waive the deposit for good cause shown for failure to appear at the hearing.
J. Unless the hearing officer grants a rehearing on written motion of the nonappearing party or unless any aggrieved party appeals the decision or order entered as provided in this subsection, the decision or order is final and may be enforced by execution and levy in the same manner as a judgment of the superior court. The nonprevailing party may appeal the decision or order to the superior court pursuant to title 12, chapter 7, article 6. After a decision or order becomes final, each person determined in the final decision or order to be liable for the toll evasion is considered to be indebted to the toll operator or the toll operator's designee for the tolls, administrative charges and penalties as well as any assessed filing fees and postaward collection and execution costs provided by operation of law until those amounts are fully paid or compromised in a mutually agreed settlement.
K. Promptly after a hearing officer enters a decision or order finding a person liable for a toll evasion, the hearing officer shall deliver in person or to the last known address of the person and the person's attorney of record in the proceeding, if any, written notice informing the person of the person's right to appeal to the superior court pursuant to title 12, chapter 7, article 6, that execution may be levied against the person's assets, that liens may be placed against the person's property, that the person's wages may be garnished and that other steps may be taken to satisfy the award once it becomes final. Subject to any stay or injunction, the toll operator may proceed to execute on the award following delivery of this notice.
L. On entry of a decision or order finding a person liable for a toll evasion, a hearing officer shall direct the person to remit payment of the applicable tolls, administrative charges and penalties to the appropriate toll operator or the toll operator's designee. The payment is due within twenty calendar days after entry of the decision or order.
M. Execution may be levied and other steps may be taken for the collection of a final decision or order, or of a judgment on appeal, as authorized for the collection of an unpaid civil judgment of the superior court entered against a defendant in an action on a debt.
Section: Previous 28-7753 28-7754 28-7755 28-7756 28-7757 28-7758 28-7759 28-7760 28-7761 28-7762 28-7763 28-7764 28-7901 28-7902 28-7903 NextLast modified: October 13, 2016