WAC 446-105-150

(1) Any person or business who receives a work zone speed safety camera system notice of infraction may request a hearing to contest the infraction.

(2) At the time a contested hearing is requested, the petitioner will be asked to identify the issues that they intend to raise at the hearing. The petitioner must identify all issues they intend to raise at the hearing when they make the hearing request. The hearing will be limited to those issues identified when the hearing request is made. The issues the petitioner identifies to raise at hearing will be reflected on the cover sheet of the hearing packet.

(3) The petitioner may choose any of the following general issues at a hearing to contest the infraction:

(a) General denial. The petitioner does not believe they should be found liable for the infraction;

(b) Radar/Lidar. Challenges the proper operation of the radar/lidar equipment, including calibration;

(c) Worker presence. Challenges workers being present in the state highway work zone at the time of the violation, as defined in WAC 468-90-010;

(d) Nonresponsibility. The petitioner denies responsibility per RCW 46.63.075 because the vehicle was stolen, or the petitioner was not the person in control of the vehicle at the time of the violation. A rental car company may not respond to an infraction by claiming nonresponsibility and must respond as described in WAC 446-105-155;

(e) Exempt vehicle. The vehicle is exempt from the issuance of work zone speed safety camera infractions under WAC 446-105-070; and

(f) Other. Issues other than those identified in (a) through (e) of this subsection. The petitioner must describe in detail any other issues they intend to raise at the hearing.

(4) The petitioner will receive a notice of hearing from OAH. Any objection to the issues identified in the notice of hearing must be filed with the OAH within 10 calendar days after the date the hearing notice is mailed. If no timely objections are filed, only the issues identified on the cover sheet of the hearing packet will be considered at the hearing, unless the administrative law judge allows additional issues for good cause shown.