Section 11.06 - Violation Enforcement(1)Enforcement. Notwithstanding the provisions of M.G.L. c. 90C, a violation clerk may enforce the provision of 740 CMR 11.00et seq.(2)Function of Violation Clerks. The violation clerks supervise and coordinate the processing of violation notices in accordance with 740 CMR 11.06. The violation clerks may, subject to the fiscal and managerial approval and oversight of the Authority, hire or designate such personnel and organize such divisions as the violation clerks may deem necessary, or contract for such services, in order to carry out the provisions of 740 CMR 11.06.(3)Violation Notice. The violation notice includes, without limitation, the following information: the name of the registered owner of motor vehicle; the registration number of the vehicle; the state of issuance of such registration, date, time and place of the violation; the specific violation charged by reference to the appropriate section of 740 CMR 11.00; the applicable fine s or penalties that the Authority has established; the name of the violation clerk and such other information as the Authority may deem necessary or appropriate. The violation notice states that the registered owner must pay the fine stated in the violation notice or appeal the violation within 21 calendar days after the date of the issuance of the violation notice and describes the means and content of the response for payment or appeal.(4)Issuance of Violation Notice.(a)Delivery of Violation Notice. A violation clerk issues and certifies the violation notice and sends the violation notice as soon as practicable by first class mail to the registered owner of the motor vehicle at the address of the registrant on record with the official in the state or other jurisdiction having charge of the registration of the vehicle.(b)Prima FacieEvidence of Notice. Delivery by first class mail of a copy of the violation notice as specified in 740 CMR 11.06(4)(a) is sufficient notice of the violation. Certification of the violation notice by a violation clerk is prima facie evidence of the facts contained therein and is admissible in any administrative or judicial proceeding to adjudicate the liability for the violation.(5)Payment or Appeal of Violation Notice. Within 21 calendar days after the date of the issuance of the violation notice, the registered owner to whom the violation notice is issued must make one of the following responses: (a)Payment of Fine. The registered owner shall pay the fine as specified in the violation notice.(b)Appeal by Mail. The registered owner may, without waiving the right to a hearing before a violation clerk as provided by 740 CMR 11.06(5)(c) and also without waiving judicial review as provided by M.G.L. c. 30A, § 14, appeal a violation notice and receive a review and disposition of the violation from a violation clerk by mail. The appeal by mail must contain a signed statement from the registered owner explaining the basis for the appeal. The signed statement may be accompanied by signed statements from witnesses, police officers, government officials, or other relevant parties or photographs, diagrams, maps or other relevant documents that the registered owner determines to submit. Statements or materials sent to a violation clerk for review must have attached to them the name and address of the registered owner as well as the number of the violation notice and the date of the violation. All information submitted by the registered owner becomes part of the violation record. The violation clerk shall, within 60 days of receipt of such material, review the material and dismiss or uphold the violation and notify the registered owner of the disposition of the hearing in writing by mail. If the appeal by mail is denied, the violation clerk shall explain the reasons for the determination. The review and disposition handled by mail is informal, the rules of evidence do not apply, and the decision of the violation clerk is final subject to the hearing provisions provided by 740 CMR 2.04. and to judicial review as provided by M.G.L. c. 30A, § 14.(c)Request for Hearing. Consistent with the provisions of M.G.L. c. 30A, a person issued a violation notice may make a written request for an appeal hearing before a violation clerk. A person making such a written request may have an appeal hearing in accordance with 740 CMR 2.04.(d) Notwithstanding the provisions of 740 CMR 11.06, a violation of 740 CMR resulting in the issuance of a violation notice or citation by a police officer maybe subject to the procedures that M.G.L. c. 90C provides.(6)Failure to Comply. Failure to comply with the requirements of 740 CMR 11.06(5) shall result in the following sanctions against the registered owner.(a)Additional Fines or Penalties. The Authority assesses the following additional fines or penalties for late payment, failure to pay, or for otherwise failing to respond to a violation notice as provided by 740 CMR 11.06(5). 1.Failure to Respond Within 21 Days After the Date of Issuance of a Violation. A registered owner who fails to pay the fine specified in a violation notice and who fails to appeal a violation notice as provided in 740 CMR 11.06(5) within 21 calendar days after the date of the issuance of the violation notice shall pay an additional penalty of $5.00. The violation clerk notifies the registered owner by first class mail of this first notice of delinquency.2.Failure to Respond to Notice of Delinquency. A registered owner who fails to respond to a violation notice as provided by 740 CMR 11.06(5) within 45 calendar days after the date of issuance of the violation notice shall pay an additional penalty of $15.00. The violation clerk notifies the registered owner by first class mail of this final notice.3.Failure to Respond to Final Notice. A registered owner who fails to respond to a violation notice as provided by 740 CMR 11.06(5) within 60 calendar days after the date of issuance of the violation notice shall pay an additional penalty of $20.00. The violation clerk notifies the registered owner by first class mail of this notice of liability and, in addition, may take any other legal action until the matter has been disposed of in accordance with applicable law or regulation.(b)Civil or Criminal Action. The Authority may pursue such civil or criminal action as it deems appropriate to collect the fine initially assessed in the violation notice as well as such additional fines or penalties as the Authority may assess in accordance with 740 CMR 11.06(6)(a).(7)Confidentiality of ETC Records. The Authority shall maintain the confidentiality of all ETC information relative to account holders who participate in its ETC system including, but not limited to, photographs or other recorded images and credit and account data.(8)System Maintenance and Enforcement. Any electronic or other automated system of toll collection used by the Authority is regularly maintained to promote accurate and efficient determinations as to payment or evasion of tolls. Any violation notice based in whole or in part upon inspection of any photograph or other recorded image of a motor vehicle and the written certification by a violation clerk shall be prima facie evidence of the facts contained there in and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.