(1) At the hearing, the King County Sheriff’s Office may produce any relevant evidence to show that either the impound or fees, or both, were proper. An abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

(2) At the hearing, the person who requested the hearing may produce any relevant evidence to show that either the impound or fees or both were not proper.

(3) If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event that the costs of impoundment (removal, towing, storage, and administrative fees) have not been paid or any other applicable requirements of CMC 10.45.050(1) or (2) satisfied, or any period of impoundment has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment of any fines imposed on any underlying traffic violations.

(4) If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the administrative hearings officer shall enter judgment against the County and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment, which are removal, towing, storage and administrative fees, plus interest at the rate of 12 percent per year from the date that person paid the costs, and the County shall comply with the order. If the costs of impoundment, which are removal, towing and storage, have not been paid, the hearings officer shall enter an order directing the County to pay the costs to the tow truck operator, and the County shall comply with the order. The County and City are not liable for damages if the police officer who ordered the impound relied in good faith and without gross negligence on the records of the Department of Licensing in ascertaining whether the operator of the vehicle had a suspended or revoked driver’s license.

(5) In the event that the administrative hearings officer finds that the impound was proper, but that the removal, towing or storage fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment have been paid, the administrative hearings officer shall enter a judgment against the County and in favor of the person who has paid the costs of impoundment for the amount of the overpayment plus interest at the rate of 12 percent per year on the overpayment from the date that person paid the costs, and the County shall comply with the order. The tow truck operator is liable to the County for the amount of the overpayment and interest at the rate of 12 percent per year. The tow truck operator shall make the payment to the County no later than 60 days after the tow truck operator receives notice of the requirement to pay. The County may bring an action in the King County District Court against the tow truck operator to recover the overpayment plus interest at the rate of 12 percent per year.

(6) No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.

(7) An appeal of the administrative hearings officer’s decision shall be conducted according to, and is subject to, the procedures of this section. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearings officer may be appealed to the King County District Court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in district court within 15 days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in District Court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer’s decision is final. (Ord. 26-08 § 1)