Payment or Appeal of Violation Notice

Within 60 calendar days after the date of the issuance of the Violation Notice, the registered owner to whom the Violation Notice is issued must make one of the following responses: (1) Payment of Fine. The registered owner shall pay the fine specified in the Violation Notice to the Enforcing Authority. Payment shall be received by the Authority by the due date listed on the Violation Notice and in the manner described on the notice. Payment of the established fine shall operate as the final disposition of a Camera Enforceable Violation; provided, however, that payment by a registered owner of a motor vehicle shall operate as the final disposition of the violation as to any other registered owner of the same motor vehicle for the same violation. (2) Appeal of Camera Enforceable Violation. Not more than 60 calendar days after the date of the issuance of the Violation Notice, a registered owner of a motor vehicle may contest responsibility for the violation in writing by mail or online. The registered owner shall provide the Enforcing Authority with a signed affidavit, in a form approved by the Enforcing Authority, stating the: (a) Reason for disputing the violation; (b) Full legal name and address of the registered owner of the motor vehicle; and (c) Full legal name and address of the operator of the motor vehicle at the time the violation occurred. (d) The registered owner may: 1. include signed statements from witnesses, including the names and addresses of witnesses, supporting the registered owner's defense; and 2. Provide evidence that the violation did not occur or is excepted pursuant to 703 CMR 6.03(3). (3) Request for Hearing. In lieu of contesting responsibility for a Violation in writing or online pursuant to 703 CMR 6.05(2) and not more than 60 calendar days after the issuance of a Violation Notice, under 703 CMR 6.00, a registered owner of the motor vehicle may request a hearing to contest responsibility for a Camera Enforceable Violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the Enforcing Authority shall schedule the matter before a hearing officer. The hearing officer may be an employee of the Enforcing Authority or such other person as the Enforcing Authority may designate, including a Violation Clerk. Written notice of the date, time and place of the hearing shall be sent by first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final subject to judicial review in the district court department. (4) Not more than 21 days after receipt of a written appeal or an appeal hearing, the Enforcing Authority or the hearing officer shall send the decision of the hearing officer, including the reason for the outcome, by first class mail to the registered owner. If the registered owner is found to be responsible for the Camera Enforceable Violation, the registered owner shall pay the fine in the manner described in 703 CMR 6.05(1) not more than 14 days after the issuance of the decision or request further judicial review in the district court department.