Skip to main content
Loading…
This section is included in your selections.

(1) Any person who receives a notice and complaint of civil infraction shall respond to such notice as provided in this section within 15 days of the date of the service or receipt of the notice.

(2) If the person alleged to have committed a civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person, to the Cowlitz Tribal Court. A check or money order in the amount of the penalty prescribed for the civil infraction on the notice and under this chapter must be submitted with such a response. The Clerk of Court may accept cash in payment for an infraction. When a response which does not contest the determination is received, an appropriate order shall be entered in the Court’s records.

(3) If the person alleged to have committed the civil infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of civil infraction or by filing an answer requesting a hearing and filing it, either by mail or in person, to the Cowlitz Tribal Court. The answer contesting the notice shall be served on the enforcement officer who filed the notice under Tribal Code standard rules of service. The Court shall notify the party in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the Notice of Hearing, except by agreement.

(4) If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Court. The Court shall notify the person and the enforcement officer filing the notice in writing of the time, place and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the Notice of Hearing, except by agreement of the parties and the Court.

(5) The Court shall enter a judgment assessing the monetary penalty requested for the civil infraction if any person served a notice and complaint of civil infraction:

(a) Fails to respond to the notice of civil infraction as provided in this chapter; or

(b) Fails to appear at a hearing requested pursuant to this chapter.