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Administrative Hearings for 2nd level citation protests

SECOND-LEVEL PROTEST (ADMINISTRATIVE HEARING)

If your first protest of a citation was denied and the citation determined to be valid, you are eligible for a second level Administrative Hearing with a civil administrative hearing officer (CVC § 40215). You must request this hearing within 25 calendar days from the date of the letter denying your initial protest. There are no exceptions.

Request a written Administrative Hearing in the Citation Hearings Request Portal.  If you have not yet paid the deposit, you will need to pay the deposit first in the online payments portal, then return to the Request Portal to provide reasons you are protesting, upload photos, receipts or any other evidence to support your protest. Requests for hearings with deposit waivers must be made by email or phone.

The California Vehicle Code [CVC 40215(b)] and Public Utilities Code requires a deposit equal to the amount of the fine in order to request a hearing. This deposit is waived in the following circumstances:

  • Low-income customers. Follow the link for income limits. 
  • International visitors presenting a valid passport and travel documents.
  • A single citation with a fine in excess of $200, or two or more citations with combined fines over $200.
  • All compliance citations (i.e. missing license plate; missing current license registration tag; license plate cover—not allowed).

Remote and In-Person Hearing Options

Hearings can be conducted by email, telephone, by Internet video conference, or in-person at the SFMTA Customer Service Center (11 South Van Ness). 

Request an Administrative Hearing 

1. Online: written hearings: Citation Hearings Request Portal.  If you have not yet paid the deposit, you will need to pay the deposit, which is equal to the fine, in the online payments portal, Then return to the Request Portal to provide reasons you are protesting, upload photos, receipts or any other evidence to support your protest. 

2. By Email (to schedule phone or video hearings, or assistance with the written hearing portal): hearingsgeneral@sfmta.com (there is no need to call if you send email). If you have not yet paid the deposit, you will need to pay the deposit, which is equal to the fine, in the online payments portal, 

3. By-Phone (if you do not have access to email - Email hearingsgeneral@sfmta.com is preferred): 415-646-2016. Leave a message for a response within 2 business days. If you have not yet paid the deposit, you will need to pay the deposit, which is equal to the fine, in the online payments portal, 

4. In-Person: You will be promptly provided with an unscheduled hearing at the SFMTA Customer Service Center at 11 South Van Ness, Monday - Friday (except City holidays) between 8:30 am and 4:30 pm. You must appear for an in-person hearing within 25 days after the date of the Administrative Review denial of protest letter. Ask for an Administrative Hearing at the intake window. If you have not yet paid the fine as a deposit, you will be asked to do so before a hearing can be conducted. You can request a low-income hearing deposit waiver in person with an EBT card, Medi-Cal card, or Lifeline Card. Do not bring tax forms or paystubs.

The Hearing Process

A hearing officer will evaluate your protest based on the testimony and evidence (if any) that you provide, based upon the laws and parking regulations that were in effect at the time the citation was issued. Following the hearing you will receive a formal decision primarily by email, or by regular mail on request, and usually within two to three weeks. If you had paid for the citation before the hearing, a refund will be issued to you if the citation is dismissed. If your second level protest is denied, you have the right to appeal the decision with a De Novo hearing 30 days from the date of the decision letter with the San Francisco Superior Court. 

Superior Court Appeals

If your citation was determined to be valid through an Administrative Hearing and you want to continue to protest it, you have the right to have your protest reviewed through a De Novo hearing by the San Francisco Superior Court within thirty (30) days of the decision date. 

1. In-Person: Appear in person at Superior Court, 850 Bryant Street, Room 145, Monday–Friday (excluding holidays), between 8:30 am and 12:30 pm. Bring all documents regarding the citation with you. Upon your appearance, a court date will be assigned. A filing fee of $25 will be charged by the Superior Court. If the judge rules in your favor, the citation fine and court filing fees will be refunded by mail.

2. Mail: Mail a copy of your Administrative Hearing Decision letter and a $25 filing fee for each separate citation number along with any documents or testimony you would like to present. Please make your check payable to the San Francisco Superior Court. If the Traffic Commissioner rules in your favor, the $25 will be refunded.