Live Adjudication and Legal Work (57)

Description:

Carrying out adjudication, or the opportunity to dispute penalties applied during enforcement activities, is a necessary component of any live RUC program because no enforcement system will be perfect. Inevitably, some incorrect enforcement penalties will be applied, and the recipients of such consequences need the opportunity to dispute those consequences. It is important for the agency representatives to listen carefully to the applicants for adjudication, because these communications may provide valid information that will result in minor changes to rules. Appealing to the legal system will always be possible in such cases, but by having a functional adjudication system, the state can avoid a significantly increased caseload due to RUC penalty disputes. This is necessary to avoid overwhelming the legal system.

Details:

RUC adjudication will be similar to handling parking ticket disputes. For most cases, the first step may involve completing a form explaining why the penalty is invalid and possibly providing documentation. If a form is insufficient, the state may offer in-person disputes. An appeal to the legal system should always be possible, and a well-designed adjudication process will minimize such appeals. Some adjudication requests will follow enforcement actions, such as audits. These requests will generally require additional documentation beyond what was provided during the audit.

Primary Use:

Allow those who feel they have been incorrectly assigned a RUC penalty a means of disputing that penalty without filing a lawsuit.

Best Practices/Lessons Learned:

  • Adjudication is provided by the state with vendor support.
  • An online dispute form allows vehicle owners to provide their argument and any evidence documenting why the fine is invalid. The agency must provide thorough guidance on the use of the online form. The form can also be available to mail in for those without online access.
  • The state should prepare for appeals to the legal system but minimize the number of such cases through adjudication.

State Government Context and Assumptions:

Adjudication should be provided by the implementing RUC agency, with vendor support, in a branch that is completely independent of the entity carrying out enforcement.