(1) The department shall prescribe the form of the notice of infraction issued under this chapter.

Terms Used In Washington Code 43.22A.170

  • 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.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Subpoena: A command to a witness to appear and give testimony.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
(b) A statement that the infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific infraction for which the notice was issued;
(d) A statement of a monetary penalty that has been established for the infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that, at a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the authorized representative who issued and served the notice of the infraction; and
(g) A statement that failure to respond to a notice of infraction is a misdemeanor and may be punished by a fine or imprisonment in jail.
[ 2006 c 270 § 11; 1994 c 284 § 26. Formerly RCW 43.63B.140.]