OMCLR 3.4 DECISION ON WRITTEN OR ELECTRONICALLY FILED STATEMENTS (A) Request for Decision on Written or Electronically Filed Statement. If the defendant submits a timely request for a hearing to contest or mitigate an infraction, the defendant may elect to seek a decision on written or electronically filed statement pursuant to IRLJ 3.5. A person who elects to contest or mitigate an infraction by decision on written or electronically filed statement shall be deemed to have waived an in-court hearing to contest or mitigate the infraction in person. (B) Time for Submitting Request for Decision on Written or Electronically Filed Statement. The request for a decision by written or electronically filed statements shall be submitted not less than five days prior to the date set for the in-court hearing. (C) Declaration for Written or Electronically Filed Statement Required. A defendant wishing to proceed by decision on written or electronically filed statement shall provide a written statement which sets forth the facts and/or defense(s) that the defendant would like the Court to consider. A written or electronically filed statement submitted pursuant to this rule shall be submitted by declaration in substantially the following form: NAME OF DEFENDANT: ADDRESS: PHONE NUMBER: INFRACTION NUMBER: VIOLATION DATE: I wish to mitigate/contest the infraction. STATEMENT: I declare under the penalty of perjury under the laws of the State of Washington that the foregoing is true and correct," I promise that if it is determined that I committed the infraction for which I was cited or costs are assessed, I will pay the monetary penalty and/or costs authorized by law and assessed by the court. Executed this (day) of (month), (year), at (place) Signature or electronic ID number (as provided by the Court) (D) Factual Determination. The Court shall determine whether the plaintiff has proved by a preponderance of all evidence submitted that the respondent has committed the infraction if contested. (E) Disposition. If the Court determines that the infraction has been committed, it may assess a penalty in accordance with IRLJ 3.3. If the court defers a finding for a specified period of time on certain conditions, it may assess an administrative fee to process the infraction notice. (F) Notice to Parties. The Court shall notify the parties in writing whether the infraction was found to be committed, deferred, or dismissed and what penalty or administrative fee, if any, was imposed. (G) No Appeal Permitted. There shall be no appeal from a decision made upon written or electronically filed statements. (Adopted effective: September 1, 2011)
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