A. Service of the Notice of Infraction. An adjudicative procedure under this chapter shall be commenced by the issuance of a notice of civil infraction. Service of a notice of civil infraction shall be by personal service or by certified mail, return receipt requested.

B. Contents of the Notice of Civil Infraction. The notice of civil infraction shall contain the following:

1. A statement that the notice represents a determination that a civil infraction has been committed by the affected employer or newly affected employer named in the notice and that the determination is final unless contested as provided in this chapter;

2. A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

3. A statement identifying the party issued the notice of civil infraction;

4. A statement identifying the nature of the violation for which the notice was issued;

5. A statement of the monetary penalty established for the civil infraction;

6. A statement identifying the party’s right to appeal the notice of civil infraction, and the appeal procedure;

7. A statement that a party must respond to a notice of civil infraction within 15 days of the date the notice of civil infraction is received;

8. A statement that failure to respond to the notice of civil infraction as directed in this chapter shall result in the entry of a default judgment against the party named in the notice of civil infraction for the cited monetary penalty.

C. Failure to Respond. A notice of civil infraction represents a determination that a civil infraction has been committed. The determination shall be final unless appealed as provided in this chapter.

D. Hearing on a Civil Infraction.

1. An affected employer or newly affected employer issued a notice of civil infraction may request a hearing on the notice of civil infraction by submitting to the presiding officer a written request for a hearing not later than 15 days from the date the notice of civil infraction was served. For the purpose of this subsection, a notice of civil infraction that is served via certified mail, return receipt requested, shall be deemed to have been served three days after the notice was placed in the U.S. mail.

2. The presiding officer shall schedule a meeting between the affected employer or newly affected employer and the presiding officer not later than 15 days after a timely hearing request is filed. At such meeting, the affected employer or newly affected employer shall explain its view of the alleged infraction and the presiding officer shall explain Kitsap Transit’s view of the matter.

3. The presiding officer shall consider the testimony offered by the employer or newly affected employer and Kitsap Transit’s position in reviewing the propriety of the notice of infraction. If the presiding officer shall, within 10 days after the meeting, serve the employer and Kitsap Transit with a written determination. The written determination shall state the presiding officer’s reason(s) for affirming or overturning the notice of infraction. In cases where the presiding officer affirms the notice of infraction, the written determination shall also include information about appeal procedures.

4. The written findings of the presiding officer shall be considered an initial order. If the affected or newly affected employer does not appeal as provided for in this chapter, the initial order shall become the final order. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12E, 1993. Formerly 10.24.270)