Notice and hearing for citations, denials, suspensions, summary suspensions, and revocations
Seattle Mun. Code § 6.311.450
in effect6.311.450 - Notice and hearing for citations, denials, suspensions, summary suspensions, and revocations
A. A citation or license action shall include the following:
1. The name and address of the person to whom the citation or license action is issued;
2. The address of the location, if relevant, where the violation occurred;
3. A separate statement of each provision violated;
4. The date of the violation;
5. The applicable monetary penalty or license action;
6. A statement that the person cited must respond to the citation or license action within 24 calendar days after service;
7. A statement that a response must be sent to the Hearing Examiner and received not later than 4:30 p.m. on the day the response is due;
8. Contact information for where the response to the citation or license action is to be filed;
9. A statement that the citation or license action represents a determination that a violation has been committed by the person named in the citation or license action and that the determination shall be final unless appealed in accordance with this Chapter 6.311; and
10. A statement certified under penalty of perjury by the Director's representative issuing the citation or license action setting forth facts supporting issuance of the citation or license action.
B. The citation or license action shall be addressed to the person allegedly responsible for the violation, and be served by first-class mail, electronically, or in person. Service by first-class mail shall be deemed complete three days after the mailing. If a citation or license action sent either electronically or by first class mail, and is returned as undeliverable, the citation or license action may be served in person. The Director shall respond to inquiries concerning the facts and process of the decision and requests for any files that detail the facts on which the Director based the ruling.
C. A person cited must respond to a citation in one of the following ways:
1. Pay the amount of the monetary penalty specified in the citation within 30 calendar days of issuance, in which case the record shall show a finding that the person cited committed the violation;
2. Timely request in writing a hearing to mitigate, by explaining the circumstances surrounding the commission of the violation, and providing an address to which notice of the hearing may be sent; or
3. Timely request in writing a hearing to appeal, by disputing the commission of the violation, and providing an address to which notice of the hearing may be sent.
D. The Director's license action is final unless the person cited timely requests in writing a hearing to appeal the license action and provides an address to which notice of such hearing may be sent.
E. If requesting a hearing, a response to a citation or license action must be received by the Hearing Examiner no later than 24 calendar days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or holiday, the period shall run until 4:30 p.m. on the next business day. If a person fails to respond to a citation or license action within 24 calendar days of service, the citation and monetary penalty or license action shall become the final order of the Director and is unreviewable by the Hearing Examiner.
F. 1.
Appeals of license actions shall be heard by the Hearing Examiner of the jurisdiction issuing the license action. The presiding Hearing Examiner shall decide the appeal under the applicable portions of both the Seattle Municipal Code and the King County Code. The City Hearing Examiner is bound by any interpretation of the applicable King County Code by the King County Hearing Examiner in a license action appeal. The City Hearing Examiner shall forward all decisions made under this subsection F to the King County Hearing Examiner within ten business days of issuing the decision.
2. Appeals of citations shall be heard by the Hearing Examiner of the jurisdiction issuing the citation, and the City Hearing Examiner shall decide the appeal under the Seattle Municipal Code.
3. The hearing for either a license action or a citation shall be held within 45 calendar days after written response is received by the Hearing Examiner, except that hearings for summary suspension shall be held within ten business days of the request, unless a later date is agreed to by the person issued the license action. With the exception of summary suspension hearings, notice of the time, place, and date of the hearing shall be sent to the address specified in the request for hearing not less than ten calendar days before the hearing.
G. Hearings to appeal the citation or license action shall be conducted in accordance with the procedures and rules of the Hearing Examiner. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation or license action and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents. The Director shall have the burden of proving by a preponderance of the evidence both that the violation occurred and the appropriateness of the remedy the Director has imposed.
H. A citation or license action shall not be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation that the person is alleged to have committed or by reason of defects or imperfections, but only if the lack of detail, or the defects or imperfections, do not prejudice substantial rights of the person. A citation or license action may be amended before the conclusion of the hearing to conform to the evidence presented if substantial rights of the affected person are not thereby prejudiced.
I. The certified statement or declaration authorized by chapter 5.50 RCW shall be prima facie evidence that a violation occurred and that the person listed on the citation or license action is responsible. The certified statement or declaration authorized under penalty of perjury and any other evidence accompanying the report shall be admissible without further evidentiary foundation. In cases where the person seeks to mitigate the citation, the person may explain the circumstances surrounding the commission of the violation.
J. In cases where the person disputes the citation or license action, the person may rebut the Director's evidence and establish that the violation or violations preceding the citation or license action did not occur or that the person appealing the citation or license action is not responsible for the violation.
K. In a mitigation hearing, the Hearing Examiner shall determine whether the person's explanation justifies reduction of the monetary penalty. However, the monetary penalty may not be reduced unless the Director affirms or certifies that the violation has been corrected prior to the mitigation hearing. Factors that may be considered in whether to reduce the penalty include: whether the violation was caused by the act, neglect, or abuse of another; or whether correction of the violation was commenced before the issuance of the citation but full compliance was prevented by a condition or circumstance beyond the control of the person cited. The Hearing Examiner shall enter an order finding that the person cited committed the violation and assess a monetary penalty.
L. If the citation or license action is sustained at the hearing, the Hearing Examiner shall enter an order finding that the person committed the violation and impose the applicable monetary penalty or enter an order affirming the license action. The Hearing Examiner may reduce the monetary penalty of a citation in accordance with subsection 6.311.450.K. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation or denying the license action.
M. Failure to appear for a requested hearing will result in the Hearing Examiner entering an order finding that the person committed the violation and assessing the penalty specified in the citation or finding that the person committed the violation and affirming the license action. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear and schedule a new hearing date.
N. If a license action involving a vehicle is upheld, and the vehicle is to be temporarily or permanently placed out of service, the Director shall initiate the temporary deactivation process authorized under this Chapter 6.311 and the licensee shall immediately surrender all applicable vehicle medallion plates or decals to the Director.
O. The decision of the Hearing Examiner shall be final and conclusive unless judicial review is timely filed with the appropriate court.
P. The Hearing Examiner may affirm, modify, or reverse the decisions of the Director.
Q. The Director may contract with a third party to serve as the Hearing Examiner for purposes of this Chapter 6.311, if done in conjunction with King County.
(Ord. 126977, § 1, 2023.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT6BURE_SUBTITLE_IVNELICO_CH6.311FRETRAXFREVEDR_6.311.450NOHECIDESUSUSUREFetched: 11/1/2026