(a) Obtaining State of Maryland Uniform Civil Citation Booklets.
(1) Authorized designees of the Environmental Group, Regulatory Services Group and Security and Safety Services Group will purchase Civil Citation Booklets from the Maryland District Court Warehouse, Purchasing Department, 2002A Industrial Drive, Annapolis, Maryland 21401. Phone: 410-260-1650. Fax: 410-260-1669.
(2) Authorized designees are responsible for the Uniform Civil Citation Booklets used in their divisions, and are required to keep a record of the issuance of Uniform Civil Citation Booklets and a record of each uniform civil citation issued, including the date and to whom each booklet was issued and when it was returned to the authorized designee.
(3) Issuing officers from each division must obtain Uniform Civil Citation Booklets from the authorized designees.
(b) Issuing Civil Citations – General Information for Authorized Personnel.
(1) Gather all pertinent information prior to informing the defendant that he/she will be issued a civil citation.
(2) Fill out the civil citation carefully, completing all applicable blocks and keeping track of all citations.
(3) When filling out civil citations print all information neatly and write firmly so that all copies are legible. Use a blue ball point pen only.
(4) If applicable, issue a concurrent report on the appropriate form.
(5) If applicable, take photographs of the offense for which the civil citation is written. (Take as many photos as is necessary to fully document the violation.)
(c) Issuing Civil Citations – Completing the Civil Citation Form. Attachment 1 is a copy of a sample civil citation, which corresponds with this subsection. Each of the following numbered sections corresponds with a numbered section in the sample civil citation in Attachment 1:
(1) County. Enter the name of the county in which the violation occurred.
(2) Agency. Enter “Washington Suburban Sanitary Commission.”
(3) Defendant’s Name. Enter the responsible individual’s name, if the individual is acting on their own behalf. If the individual is acting on behalf of another entity, then enter both that entity’s name and the individual’s name.
(4) Defendant’s Address. Enter the responsible individual’s address, if individual is acting on their own behalf. If the individual is acting on behalf of another entity, then enter that entity’s address.
(5) Personal Information. Use the driver’s license of the individual being issued the civil citation to fill in these spaces. For any information that is not included on the license, make your best judgment and fill in the remaining spaces.
(6) Personal Knowledge v. Affidavit. If a violation is viewed by the issuing officer, then the personal knowledge box should be checked. If the violation was not viewed by the issuing officer, then the affidavit box should be checked. If the affidavit box is checked, then an affidavit must be submitted with the civil citation to the defendant and to the court. Contact the General Counsel’s Office to assist with preparation of the necessary affidavit.
(7) Charge. State the specific violation for which the defendant is being charged, e.g., theft of water, failure to have all grease creating devices connected to a grease abatement system, plumbing without a permit, etc.
(8) Time and Date. Enter the date and time of the violation.
(9) Location. List the facility, site or street address, city and county, in which the violation occurred.
(10) Code, Municipal Infraction or COMAR. For all violations, check the Code box only. All violations of WSSC regulations and procedures are considered to be violations of the Annotated Code of Maryland, state law. Additionally, enter the correct and specific name and number of the WSSC regulation, section, subsection and paragraph, when applicable.
(11) Receipt of Citation. If the civil citation is issued directly to the individual, have the individual sign here noting receipt of the civil citation, after the civil citation has been completely filled out. If the civil citation is mailed, under the signature line, note that the civil citation was sent certified mail and list the mail receipt number, e.g., “sent certified mail – 745747070507500.” (If a civil citation is mailed, it must be mailed via certified mail.)
(12) Instructions Section. Check the following boxes and fill in the appropriate information for all citations:
(i) You Must Appear in Court. Do not check this box. WSSC has no regulation which, if violated, requires a court appearance.
(ii) You May Pay a Fine Of. Check this box and enter the amount of the fine required ($250.00 to $1,000) and a date 15 days from the date the citation is delivered. If the civil citation is sent via certified mail, enclose a letter with the citation informing the person receiving the civil citation that they will have 15 days from the date of receipt to elect to pay the fine. Check the box underneath the “You May Pay...” line and write in “WSSC” and “14501 Sweitzer Lane, Laurel, MD 20707.” Do not check the box that says “District Court.”
(iii) You May Elect to Stand Trial. Check this box and enter “WSSC” and the name of the division you are entering the citation for. The date should be 10 days from the date the civil citation is delivered. If the civil citation is sent via certified mail, enclose a letter with the civil citation informing the person receiving the civil citation that they will have 10 days from the date of receipt to elect to stand trial.
(iv) In Addition. Do not check this box. Abatement is not an option for violations of WSSC regulations and procedures.
(v) Failing to Appear or Pay the Fine May Result in a Warrant Being Issued for Your Arrest. Do not check this box. WSSC has no regulation, which if violated, requires the arrest of an individual.
(vi) Failing to Pay the Fine or Request a Trial Date. Check this box to ensure that a fine can be assessed against a defendant that fails to act.
(vii) Failure to Appear for a Requested Trial Date. Check this box to ensure that if the defendant elects to go to trial and fails to appear in court, a judgment can be entered against the defendant.
(13) Signature. In this section:
(i) Sign the civil citation;
(ii) Clearly print your name;
(iii) Enter the date that you are signing the civil citation;
(iv) Enter “WSSC” as the agency and your division as the sub-agency; and
(v) Enter your WSSC ID number and general phone number for your division.
(d) Civil Citation Disbursement. Copies of the civil citation should be disbursed as follows:
(1) Municipality/Court Copy (White). This copy should stay in the officer’s file. If the defendant does not comply with the civil citation or elects to stand trial, this copy should go to one of the following district courts, based upon the county in which the civil citation was issued:
(i) Howard County: 3451 Court House Drive, Ellicott City, Maryland 21043.
(ii) Montgomery County: 27 Court House Square, Rockville, Maryland 20850.
(iii) Prince George’s County: 14735 Main Street, Upper Marlboro, Maryland 20772.
(2) Prosecutor’s Copy (Green). This copy should stay in the officer’s file. If the officer receives a court summons or a subpoena for trial, this copy should be forwarded along with a copy of the subpoena to the General Counsel’s Office.
(3) Defendant’s Copy (Yellow). This copy should be given to the defendant at the time of issuance.
(4) Municipality Copy (Pink). This copy should be kept in the issuing officer’s division’s file.
(5) Officer’s Copy (Gold). This copy should be kept in the issuing officer’s file.
(1) All issuing officers should keep a calendar of dates that payments and/or elections to go to trial for each civil citation are due from the defendant. All issuing officers should also follow up with the authorized designee to see if payment or elections were made.
(2) Authorized designees should follow up with the WSSC’s Cashier’s Office to see if payments were made for civil citations and applied to the correct account.
(f) Central Civil Citation Database. Upon the issuance of a civil citation the issuing officer should log the civil citation information into the Central Civil Citation Database. This database is a collection of all civil citations issued by all divisions in WSSC. An officer can refer to this database when issuing civil citations to ensure that the correct fine is being assessed. Note: A fine can only be increased if another citation is issued to the same individual or entity for the exact same violation within a 12-month period. The following information should be included in the Central Civil Citation Database:
(1) The civil citation number.
(2) The name of the entity or individual (last, first) cited.
(3) The date of the violation.
(4) The violation (document, section, subsection and paragraph).
(5) The name of the issuing officer (last, first).
(6) The division of the issuing officer.
(g) Notification of Court Date. If a defendant elects to stand trial or an issuing officer receives a court summons or subpoena for trial, then the officer’s supervisor should be notified, and the green copy of the citation along with a copy of the court summons or subpoena should be immediately forwarded to the General Counsel’s Office.
(h) Divisional Issuance Procedures Prior to Issuance of a Civil Citation. This chapter discusses and outlines the general procedure for issuing a WSSC civil citation. However, each of the divisions that issue civil citations may have specific divisional procedures in addition to these that occur prior to the issuance of a civil citation. (GM 08-01 § IV)