NMLARLJ 3.2.
                     DECISION ON WRITTEN STATEMENTS


1.   The court is authorized to enter decisions based upon
     written statements on infraction
     cased involving contested and mitigation hearings and
     request for deferred findings.

     (a)  In infraction cases where the respondent has requested,
          the court will conduct a mitigation hearing as authorized
          under RCW 46.63.100 as now enacted or hereafter amended, or
          consider a petition to defer the finding, or conduct a
          contested hearing based upon the written statements of the
          City's witness(es), if provided, and the Respondent,
          pursuant to IRLJ 3.5.

          The examination shall take place within 120 days after
          the respondent filed the response to the notice of
          infraction.  The examination may be held in chambers and
          shall not be governed by the Rules of Evidence.

     (b)  Factual Determination.  In contested cases, the court
          shall determine whether the plaintiff has provided
          preponderance of all evidence submitted that defendant has
          committed the infraction.

     (c)  A petition for a deferred finding which is denied by
          the court will be treated as a request for a mitigation
          hearing on written statements.

     (d)  Disposition. If the court determines that the
          infraction has been committed, or the review was based upon
          a request for mitigation or a deferred finding, the court
          may assess a penalty and any appropriate and permitted costs.

     (e)  Notice to Parties.  The court shall notify the parties
          in writing whether an infraction was found to have been
          committed and the amount of the penalty imposed, if any.

     (f)  No Appeal Permitted.  There shall be no appeal from a
          decision on written statements.


(Effective September 1, 2006)