§ 22445.3

353 words·~2 min read·/ca/vehicle-code/22445-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Within 30 days after personal delivery or mailing of the final decision described in subdivision

(c)of Section 22445.2, the contestant may seek review by filing an appeal to the superior court, where the case shall be heard de novo, except that the contents of the department’s file in the case on appeal shall be lodged by the department at its expense and be received into evidence. A copy of the notice of violation shall be admitted into evidence as prima facie evidence of the facts stated in the notice. A copy of the notice of appeal shall be served in person or by certified first-class mail with return receipt upon the department by the appellant. For purposes of computing the 30-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case.

(b)The fee for filing the notice of appeal shall be as provided in Section 70615 of the Government Code. Upon receipt of the notice of appeal, the department shall lodge its administrative record for the case with the court within 15 calendar days. The court shall notify the appellant of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the appellant prevails, this fee and any payment of the civil penalty shall be promptly refunded by the department in accordance with the judgment of the court.

(c)The conduct of the hearing on appeal under this section is a subordinate judicial duty that may be performed by a commissioner or other subordinate judicial officer at the direction of the presiding judge of the court.

(d)If a notice of appeal of the examiner’s decision is not filed within the period set forth in subdivision (a), the decision shall be deemed final.

(e)If the civil penalty has not been paid and the final decision is adverse to the appellant, the department may, promptly after the decision becomes final, proceed to collect the civil penalty under Section 22445.1.