Parking Violation Enforcement

(1) Parking Violation Enforcement. The Department establishes regulations to address the public safety, environmental and related issues associated with the illegal parking of vehicles on properties owned, maintained or controlled by the Department. (a) Enforcement. A violation or parking clerk may enforce the provisions of 700 CMR 7.14. (b) Designation of Violation Clerks. The Department may, from time to time, designate one or more violation or parking clerks to perform the functions specified in 700 CMR 7.14(1)(c) at the pleasure of the Department and for such finite or indefinite period as the Department deems desirable. (c) Functions of the Violation Clerks. The State Police or a parking clerk designated by the Department will record and collect data to identify a violating vehicle and certify that such violation occurred. After the parking violation has been issued or affixed to the vehicle, copies of the parking violations are forwarded to the violation clerks for the processing of violation notices. The violation clerks may coordinate the processing of violation notices in accordance with 700 CMR 7.14(1). The Department may hire or designate such personnel and organize such divisions as the Department may deem necessary, or contract for such services, in order to carry out the provisions of 700 CMR 7.14. (d) Content of Violation Notice. 1. Information Regarding the Specific Offense. A violation notice includes, but is not limited to, the following information: the registration number and state of issuance of the registration number of the vehicle involved; the make and color of the vehicle; the date, time and place of the violation; the specific violation charged by reference to the appropriate entry in 700 CMR 7.13(3): Table 12; the applicable fines or penalties that the Department has established; an identifier for the Department's designated representative who is certifying that the violation occurred; and instructions for the return of the tag; and such other information as the Department may deem appropriate. 2. Notice of Requirement to Respond. A parking violation notice states that the registered owner must pay the fine stated in the violation notice or appeal the violation within 60 calendar days after the date of the issuance of the violation notice and describes the means and content of the response for payment or appeal. Payments or appeals shall be received by the Department by the due date listed on the parking violation notice. (e) Issuance of Violation Notice. 1. Delivery of Violation Notice. A parking violation notice shall be affixed securely to the motor vehicle. If it not possible to affix a parking violation notice to the motor vehicle, such notice shall be sent to the address of the registered owner of the motor vehicle, if the vehicle is registered in the Commonwealth of Massachusetts. If the motor vehicle is not registered in the Commonwealth, the parking violation notice shall be sent to the records of the official of the relevant state in charge of the registration of such motor vehicle. 2. Prima Facie Evidence of Notice. Notice affixed to a motor vehicle as provided in 700 CMR 7.14, shall be deemed a sufficient notice, and a certificate of the parking violation clerk affixing such notice that it has been affixed thereto, in accordance with 700 CMR 7.14, shall be deemed prima facie evidence thereof and the facts therein and shall be admissible in any judicial or administrative proceeding as to the facts contained therein. (f) Payment or Appeal of Violation Notice. Within 60 calendar days after the date of the issuance of the parking violation notice, the registered owner to whom the violation notice is issued must make one of the following responses: pay the fine as provided by 700 CMR 7.14(f)1.; send a written dispute by mail as provided by 700 CMR 7.14(f)2.; or request a hearing as provided by 700 CMR 7.14(f)3. 1. Payment of Fine. The registered owner shall pay the fine as specified in the violation notice. Payment of the fine shall be received by the Department by the due date listed on the parking violation notice. 2. Appeal by Mail. The registered owner may, without waiving the right to a hearing before a violation clerk as provided by 700 CMR 7.14(f)3., and also without waiving judicial review as provided by M.G.L. c. 30A, § 14, appeal a parking violation and receive a review and disposition of the violation from a parking violation clerk by mail. The appeal by mail must contain a signed statement from the registered owner explaining the basis for the appeal. The signed statement may be accompanied by signed statements from witnesses, police officers, government officials, or other relevant parties or photographs, diagrams, maps or other relevant documents that the registered owner determines to submit. Statements or materials sent to a parking violation clerk for review must have attached to them the name and address of the registered owner as well as the number of the violation notice and the date of the violation. All information submitted by the registered owner becomes part of the violation record. Written appeals submitted by mail shall be received by the Department by the due date listed on the violation notice. The violation clerk shall, within 60 days of receipt of such material, review the material and dismiss or uphold the violation and notify the registered owner of the disposition of the hearing in writing by mail. If the appeal by mail is denied, the parking violation clerk shall explain the reasons for the determination. The review and disposition handled by mail is informal, the rules of evidence do not apply, and the decision of the violation clerk is final subject to the hearing provisions provided by 700 CMR 7.14(1)(f), and to judicial review as provided by M.G.L. c. 30A, § 14. 3. Request for Hearing. Consistent with the provisions of M.G.L. c. 30A, a person issued a violation notice may make a written request for an appeal hearing before a violation clerk designated by the Department. Requests for a hearing shall be received by the Department by the due date listed on the violation notice. The violation clerk then notifies the registered owner in writing by first class mail of the date, time, and place of the hearing. The hearing is informal, the rules of evidence do not apply, and the decision of the violation clerk is final, subject to judicial review as provided by M.G.L. c. 30A, § 14. Parties are notified in person or by mail of the decision following the hearing. Each written appeal decision contains a statement of reasons for the decision including a determination of each issue of fact necessary to the decision. Failure to appear at the date, time, and place specified on the hearing notice automatically results in the denial of the appeal. (g) Failure to Comply. Failure to comply with the requirements of 700 CMR 7.14(1)(f) shall result in the following sanctions against the registered owner. 1. Additional Fines or Penalties. The Department may assess additional fines or penalties for late payment, failure to pay, or for otherwise failing to respond to a violation notice as provided by 700 CMR 7.14(1)(f). Failure to Respond Within 60 Days after the Date of Issuance of a Violation Notice. A registered owner who fails to pay the fine specified in a violation notice or who fails to appeal a violation notice as provided by 700 CMR 7.14(1)(f) within 60 calendar days after the date of the issuance of the violation notice shall pay an additional penalty as indicated on the violation notice and/or 700 CMR 7.13(3): Table 12. The violation clerk notifies the registered owner by first class mail of this notice of liability and, in addition, notifies the Registrar of Motor Vehicles who shall place the matter on record and, upon receipt of a notice of liability, the Registrar shall not renew the registered owner's license to operate the vehicle or the registration of the vehicle until after notice from the violation clerk that all such matters have been disposed of in accordance with applicable law or regulation. If the registered owner is a resident of another state or jurisdiction, the Registrar shall revoke the registered owner's right to operate in the Commonwealth until the matter has been disposed of in accordance with applicable law or regulation. 2. Civil or Criminal Action. The Department may pursue such civil or criminal action as it deems appropriate to collect the fine initially assessed in the violation notice as well as such additional fines or penalties as the Department may assess in accordance with 700 CMR 7.14. (2) Program Enforcement. Any violation notice based in whole or in part upon the written certification by the Department's designated representative for the purposes of recording such a violation, upon inspection of any photograph or other recorded image, and/or a violation clerk shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation. Nothing in 700 CMR 7.00 shall require a violation to be recorded by photographic or other recorded means, but a violation may be based in whole upon the written certification of the Department's designated representative that such violation has occurred. (3) Prima Facie Responsibility for Stolen Vehicle. The registered owner of any vehicle violating the provisions of 700 CMR 7.14 is prima facie responsible for the payment of the fines or penalties that the Department assesses in accordance with 700 CMR 7.13(3)(a) with respect to a violation of 700 CMR 7.14, unless the registered owner has reported in a timely manner to a police agency that the violating vehicle has been stolen, and the violating vehicle remained stolen at the time of the violation of 700 CMR 7.14. REGULATORY DEPARTMENT 700 CMR 7.00: M.G.L. c. 6C, § 3(l).