§ 87-070. ADVANCE DEPOSIT HARDSHIP WAIVER

(a)

Any person who intends to request a hearing under Section 87-060 and is financially unable to make the advance deposit as required in that section, may file a request for an advance deposit hardship waiver.

(b)

The request shall be filed with the director of the department issuing the administrative citation within 15 days of the date of the issuance of the citation.

(c)

The requirement of depositing the full amount of the administrative penalty as described in Section 87-060 shall be stayed unless and until the director makes a determination not to issue the advance deposit hardship waiver.

(d)

The director may waive the requirement of an advance deposit and issue the waiver only if the person receiving the administrative citation submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person's actual financial inability to deposit with the county the full amount of the penalty in advance of the hearing.

(e)

The director shall issue a written decision explaining the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written decision of the director shall be final.

(f)

The written decision of the director shall be mailed to the person who applied for the advance deposit hardship waiver at the address provided in the application.

(g)

If the director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the county no later than seven days after the date of the decision.