§ 1119.

ADMINISTRATIVE FINES ASSESSED AGAINST NON-PERMIT HOLDERS

a.

Whenever the SFMTA determines that a member of the public who is not a Permit Holder has violated this Article, and it decides to pursue administrative enforcement through the imposition of an administrative fine, SFMTA may issue and serve a Citation, in person or by first-class U.S. Mail, on any person or entity responsible for the violation.

b.

Administrative Hearing.

1.

Any person appealing the issuance of an administrative Citation issued under subsection (a) may request a hearing in accordance with the procedure set forth in Section 1120(a).

2.

All hearings on administrative appeals filed under this Section 1119 shall be conducted in accordance with Section 1120.

c.

Administrative Fines.

1.

Administrative fines imposed under this Section 1119 for violations of Article 1100 of Division II of the Transportation Code shall be consistent with Section 310 of Division II of the Transportation Code, and are not subject to adjustment by the Hearing Officer in the context of an administrative hearing conducted under Section 1120.

2.

The penalties and methods of enforcement set forth in this Section are in addition to any other penalties or methods of enforcement authorized by law.

d.

Requirement to Exhaust Administrative Remedies. The failure of the person or entity cited to follow the procedures set forth in subsection (b) shall constitute a failure to exhaust administrative remedies and shall preclude the person or entity from asserting standing for judicial review of the validity of the Citation.

e.

Right to Judicial Review. A decision of a Hearing Officer made under this Section 1119 is a final administrative decision. The person or entity cited may obtain judicial review of the administrative decision by filing a petition for review in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

History

(Added as Sec. 1123 by SFMTA Bd. Res. No. 09-104, 6/16/2009; amended by SFMTA Bd. Res. No. 10-056, 4/20/2010; SFMTA Bd. Res. No. 11-017, 2/1/2011; redesignated and amended by SFMTA Bd. Res. No. 12-111 , Ad. 8/21/2012, Eff. 9/21/2012)

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