817-15. Appeal Procedures.
(a) A person served with a notice of decision issued pursuant to this chapter may appeal that decision by filing a request in writing with the Department within fourteen (14) calendar days of service of the notice. An appeal fee as set by resolution of the Board of Supervisors shall be paid when the appeal is filed. Failure to timely file an appeal shall be deemed a waiver of the right to challenge the decision and a failure to exhaust administrative remedies. The County shall provide independent contractor Hearing Officers to hear the appeals, issue subpoenas, receive evidence, administer oaths, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and issue orders with regard to violations.
(b) After receiving a timely written request for an appeal hearing, the Hearing Officer shall schedule the hearing.
(1) Notice of Hearing.
(i) Written notice of the time, date and location of a hearing before the Hearing Officer shall be given by personal service or by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the appellant. The Hearing Officer shall be permitted to hold virtual video-capable hearings to include holding hearings on a video teleconferencing platform.
(ii) The notice of hearing shall also identify the Hearing Officer designated to conduct the hearing and advise the appellant of his or her right to submit within ten (10) business days of the date of the notice of hearing a written objection to the designated Hearing Officer. In the event of such a disqualification, a new Hearing Officer shall be provided. Each party shall only have the right to disqualify one (1) Hearing Officer for a particular matter.
(c) Failure to Appear. The failure to appear at the administrative hearing shall constitute an abandonment of the appeal and a failure to exhaust administrative remedies.
(d) Hearing Procedures.
(1) Rules of Evidence. The rules of evidence and manner of producing evidence shall be those rules set forth in California Government Code Section 11513 for the conduct of hearings under the Administrative Procedure Act. These rules may be relaxed at the discretion of the Hearing Officer in the interests of justice.
(2) Requirements for Taking Testimony. In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the Hearing Officer or other designee has the power to administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given individually or to a group. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth.
(i) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen (18) years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(3) Continuances. The Hearing Officer may continue the hearing as determined appropriate by the Hearing Officer.
(4) Burden of Proof. At the administrative hearing, the Department has the burden of proving by a preponderance of the evidence that the alleged violation occurred.
(5) Administrative Interpretations. In conducting the hearing, the Hearing Officer shall consider the previously established interpretation of an ordinance provision by the Department charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.
(6) Written Decision. Within ten (10) calendar days after the close of the hearing, the Hearing Officer shall issue a written decision on the appeal, including a statement of the basis for the decision. The Hearing Officer’s written decision shall constitute the final administrative decision of the County.
(e) Civil Action. In the event a civil action is initiated to obtain enforcement of the decision of the Hearing Officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the County’s total costs of enforcement, including reasonable attorneys’ fees. (Ord. 2718, 7/11/2023)