§ 46-14.012. Dispute resolution procedures.

(a)

A private parking operator that issues notices of parking charges must establish a written dispute resolution policy for contested parking charges that complies with this section. A copy of the private parking operator's current policy must be filed with the Public Works Department. The private parking operator shall make its current policy available to the public upon request. The policy shall contain a provision that allows the issuer of the notice of parking charges to cancel the parking charge at any time for any reason.

(b)

For a period of twenty-one calendar days after the issuance of a notice of parking charge or fourteen calendar days after the mailing of a notice of delinquent parking charge, exclusive of any days from the day the private parking operator or processing entity receives a request for a copy or facsimile of the original notice of parking charge and the day the private parking operator or processing entity complies with the request, a person may request an initial review of the notice by the private parking operator. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the private parking operator is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the parking charge appropriate in the interest of justice, the private parking operator shall cancel the notice of parking charge or notice of delinquent parking charge. The private parking operator shall advise the processing agency, if any, of the cancellation. The private parking operator or the processing entity shall mail the results of the initial review to the person contesting the notice. If the notice is not cancelled after the initial review, the private parking operator shall include a reason for the denial, notice of the ability to request an administrative hearing, and notice of the procedure for waiving prepayment of the parking penalty based upon an inability to pay as specified in subsection (c).

(c)

If the person is dissatisfied with the result of the initial review, the person may request an administrative hearing of the parking charge no later than twenty-one calendar days after the results of the private parking operator's initial review are mailed. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking charge with the private parking operator or the processing entity. The private parking operator shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking charge upon satisfactory proof of an inability to pay the amount due. Notice of this procedure shall be provided to all persons who request an administrative hearing. An administrative hearing shall be held within ninety calendar days after the receipt of a request for an administrative hearing, excluding time tolled pursuant to this section. The person requesting the hearing may request one continuance, not to exceed twenty-one calendar days.

(d)

The administrative hearing process shall include the following:

(1)

The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the boundaries of Contra Costa County.

(2)

If the person requesting the hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking charge without the necessity of the appointment of a guardian. The private parking operator or processing entity may proceed against the minor in the same manner as against an adult.

(3)

The administrative hearing shall be conducted in accordance with written procedures established by the private parking operator and approved by the Public Works Department. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations.

(4)

(A)

To conduct the administrative hearings, the private parking operator shall contract with an independent third party or parties, not controlled by a private parking operator, that employ qualified examiners. Examiners shall demonstrate those qualifications, training and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are as a private parking operator or parking charge processor. The examiner shall be separate and independent from the parking charge collection or processing function. An examiner's continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of parking charges collected by the examiner. No contract between a private parking operator and an independent third party for the use of hearing examiners may include incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges.

(B)

Examiners shall have a minimum of twenty hours of training. The examiner is responsible for the costs of the training. The private parking operator may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) the American Arbitration Association, or (iv) any program approved by the Public Works Department. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the Public Works Department, up to twelve hours of relevant experience may be substituted for up to twelve hours of training. In addition, up to eight hours of training requirements described in this subparagraph may be credited to an individual, at the discretion of the Public Works Department, based upon training programs or courses described in this subparagraph that the individual attended within the last five years.

(5)

The person who issues a notice of parking charge shall not be required to participate in an administrative hearing. The private parking operator shall not be required to produce any evidence other than the notice of parking charge or copy of the notice and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.

(6)

The examiner's decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail. If the notice is not cancelled, the decision shall include a written reason for the denial.

(7)

If the examiner determines that the person owes the parking charge, the examiner may allow payment of the parking charge in installments, or the private parking operator may allow for deferred payment or payment in installments, if the person provides evidence satisfactory to the examiner or the private parking operator, as the case may be, of an inability to pay the parking penalty in full.

(Ord. No. 2016-15, § II, 8-16-16)