Section 40256 Of Article 4. Procedure On Toll Evasion Violations From California Vehicle Code >> Division 17. >> Chapter 1. >> Article 4.
40256
. (a) Within 20 days after the mailing of the final decision
described in subdivision (b) of Section 40255, the contestant may
seek review by filing an appeal to the superior court, where the same
shall be heard de novo, except that the contents of the processing
agency's file in the case on appeal shall be received in evidence. A
copy of the notice of toll evasion violation shall be admitted into
evidence as prima facie evidence of the facts stated therein. A copy
of the notice of appeal shall be served in person or by first-class
mail upon the processing agency by the contestant. For purposes of
computing the 20-day period, Section 1013 of the Code of Civil
Procedure shall be applicable. A proceeding under this subdivision is
a limited civil case.
(b) Notwithstanding Section 72055 of the Government Code, the fee
for filing the notice of appeal shall be twenty-five dollars ($25).
If the appellant prevails, this fee, together with any deposit of
toll evasion penalty, shall be promptly refunded by the processing
agency in accordance with the judgment of the court.
(c) The conduct of the hearing on appeal under this section is a
subordinate judicial duty which may be performed by commissioners and
other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the toll evasion penalty has not been deposited and the
decision is adverse to the contestant, the processing agency may,
promptly after the decision becomes final, proceed to collect the
penalty under Section 40267.