§ 4493-8.3. Hardship waiver of advance deposit of penalty amount.

(a)

A citee who is financially unable to make an advance deposit of the amount required for an administrative hearing deposit may file an application with the Division requesting a waiver of the advance deposit. Such application shall be in a form required by the Division, filed with the request for administrative hearing and shall be accompanied by a declaration, signed under penalty of perjury, with any supporting documents required by the Division, demonstrating the citee's financial inability to pay.

(b)

The Division shall review the request for hardship waiver, including the declaration and supporting documents, and determine whether to grant or deny the request. Thereafter, the Division shall serve the citee with a notice of its determination by mail at the address provided in the waiver application. The determination of the Division as to such waiver shall be final.

(c)

Should the application be denied, the citee must deposit the required advance deposit with the Division not later than ten (10) days following the date the notice of denial of the waiver was served upon the citee. Failure to provide the deposit within ten (10) days shall be deemed a waiver of the citee's right to an administrative hearing and the civil penalty shall be deemed delinquent. The Division shall thereafter serve notice of the penalty amount for the delinquency upon the citee and provide notice to the Hearing Officer.

(Ord. No. 4457, § 1, 12-10-2013)