Arizona Laws 28-7760. Administrative hearings; rehearing; appeal; collection
A. A toll operator that seeks to enforce collection of tolls, administrative charges and penalties, or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 and who seeks to contest the alleged toll evasion and collection of associated tolls, administrative charges and penalties, may file a petition for an administrative hearing with the department pursuant to Title 41, Chapter 6, Article 6 and administrative hearing rules adopted by the department.
Terms Used In Arizona Laws 28-7760
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deliver: means to send, transmit or transfer information or documents, including by United States mail, electronic mail, hand delivery or fax. See Arizona Laws 28-7751
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Notice of payment due: means the written notice to pay the required tolls and administrative charges for vehicular use of a toll facility. See Arizona Laws 28-7751
- Notice of toll evasion: means the second written notice of failure to pay a required payment as described in section 28-7759 that is delivered after notice of payment due is delivered. See Arizona Laws 28-7751
- Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- Penalties: means penalties imposed pursuant to section 28-7753. See Arizona Laws 28-7751
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Subpoena: A command to a witness to appear and give testimony.
- Toll evasion: means the failure to pay in full a notice of payment due within the required time. See Arizona Laws 28-7751
- Toll nonpayment: means the failure to pay in full an applicable toll for the use of a toll facility. See Arizona Laws 28-7751
- Toll operator: means the department in its capacity of imposing and collecting tolls for the use of a toll facility, any public or quasi-public agency appointed by the department to impose or collect tolls for the use of a toll facility that is owned by the department, any private partner authorized to impose and collect tolls by a public-private agreement or any contractor or vendor retained by the department, public agency or private partner to carry out toll collection and enforcement and related customer service functions. See Arizona Laws 28-7751
B. A toll operator or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 must file a petition for an administrative hearing within one year after the deadline prescribed in the notice of toll evasion.
C. If a toll operator files a petition for an administrative hearing, a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered to that person pursuant to section 28-7759 may contest the alleged toll evasion and associated tolls, administrative charges and penalties exclusively at this hearing.
D. The scope of the department’s administrative hearing is limited to the contest of tolls, administrative charges and penalties identified in the notice of toll evasion.
E. A toll operator or any person who is subject to a notice of toll evasion may retain legal counsel to represent the toll operator or person who is subject to the notice of toll evasion in the administrative hearing.
F. Any party to an administrative hearing pursuant to this section may request a continuance of the administrative hearing pursuant to rules adopted by the department.
G. If the evidence presented by the toll operator includes all of the following, the evidence constitutes prima facie evidence of the toll evasion and the amounts stated in the notice of toll evasion:
1. The notice of payment due.
2. The notice of toll evasion.
3. Information received from the department or any other state agency or jurisdiction that identifies the registered owner of the motor vehicle.
4. A certificate sworn to or affirmed by a person employed, engaged or authorized by the toll operator or a copy of the certificate that states to the person’s personal knowledge that all of the following apply:
(a) The notice of payment due and the notice of toll evasion are authentic.
(b) The amount due is accurate.
(c) The notice of payment due and notice of toll evasion were delivered as required by this article.
5. If the person identified in the notice of toll evasion is a lessee, a copy of the rental agreement, lease, contract document or affidavit that identifies the lessee of the motor vehicle at the time of the alleged toll nonpayment.
6. If the person identified in the notice of toll evasion is a transferee of title to the motor vehicle, a copy of the assignment of title or interest and warranty to the transferee that evidences a date of transfer before the date of the alleged toll nonpayment.
H. The person authorized to issue a notice of payment due or notice of toll evasion is not required to participate in the administrative hearing and is not subject to subpoena, except that the hearing officer may permit a deposition to be taken and introduced into the record of the evidentiary hearing. If the deposed person does not appear, the sworn statements contained in the deposition are admissible in evidence at the administrative hearing.
I. If a toll operator petitions for an administrative hearing and the person to whom the notice of toll evasion is delivered or deemed delivered pursuant to section 28-7759 fails to appear at the time of hearing to contest the alleged toll evasion:
1. The hearing officer shall make a record of the evidence constituting a prima facie case of toll evasion and shall enter a written decision or order based on the evidence presented by the toll operator.
2. A request for rehearing by a nonappearing party shall not be considered unless the nonappearing party first deposits the full amount awarded in the previous written decision or order with the department or its designee, except that the hearing officer may waive the deposit for good cause shown for failure to appear at the hearing.
J. Unless the hearing officer grants a rehearing on written motion of the nonappearing party or unless any aggrieved party appeals the decision or order entered as provided in this subsection, the decision or order is final and may be enforced by execution and levy in the same manner as a judgment of the superior court. The nonprevailing party may appeal the decision or order to the superior court pursuant to Title 12, Chapter 7, Article 6. After a decision or order becomes final, each person determined in the final decision or order to be liable for the toll evasion is considered to be indebted to the toll operator or the toll operator’s designee for the tolls, administrative charges and penalties as well as any assessed filing fees and postaward collection and execution costs provided by operation of law until those amounts are fully paid or compromised in a mutually agreed settlement.
K. Promptly after a hearing officer enters a decision or order finding a person liable for a toll evasion, the hearing officer shall deliver in person or to the last known address of the person and the person’s attorney of record in the proceeding, if any, written notice informing the person of the person’s right to appeal to the superior court pursuant to Title 12, Chapter 7, Article 6, that execution may be levied against the person’s assets, that liens may be placed against the person’s property, that the person’s wages may be garnished and that other steps may be taken to satisfy the award once it becomes final. Subject to any stay or injunction, the toll operator may proceed to execute on the award following delivery of this notice.
L. On entry of a decision or order finding a person liable for a toll evasion, a hearing officer shall direct the person to remit payment of the applicable tolls, administrative charges and penalties to the appropriate toll operator or the toll operator’s designee. The payment is due within twenty calendar days after entry of the decision or order.
M. Execution may be levied and other steps may be taken for the collection of a final decision or order, or of a judgment on appeal, as authorized for the collection of an unpaid civil judgment of the superior court entered against a defendant in an action on a debt.