Request for Administrative Hearing
A responsible party who is issued an administrative citation may request an administrative hearing to contest the citation. A citation review is not required prior to requesting an administrative hearing. A request for an administrative hearing must be received within twenty-one (21) days from service of the citation, or within fourteen (14) days from the mailing of the notice of decision after the citation review. The request shall include the deposit of the fine, unless a hardship waiver has been timely requested.
The deposit must be made in the form of a certified check or cash (not personal check, credit card, or money order). The hearing date shall be set within sixty (60) days from the date of mailing of the request for a hearing. Written notice of the date, time, and location of the hearing shall be provided to the responsible party by personal service, or by mail post-marked at least fifteen (15) days prior to the hearing date.
3. Fairness of Hearing - Hearings shall be conducted in a manner suitable to ensure fundamental fairness to all parties concerned. The Administrative Hearing Officer shall, at a minimum, ensure that the parties have a reasonable opportunity to be heard regarding the violation, to present relevant evidence, and to have the opportunity to cross examine any witnesses and controvert any evidence presented.
4. Evidentiary Rules - Pursuant to Government Code Section 11513, the administrative hearing need not be conducted according to technical rules relating to evidence and witnesses. Any evidence deemed relevant by the Hearing Officer shall be admissible if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Unduly repetitious or irrelevant evidence may be excluded at the discretion of the Hearing Officer. Hearsay evidence may be admitted for purposes of supplementing or explaining other evidence, but over timely objection shall not be sufficient by itself to support a finding unless the hearsay would be admissible over objection in a civil action. Rules of privilege shall apply to the extent that they would be required by statute to be recognized at the hearing. The Hearing Officer shall reserve the right to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
Ord. #2307, 01/12/10; Ord. #2286, 05/12/09; Ord. #2284, 3/24/09; entire Chapter II repealed and reenacted by Ord. #2253, 10/23/07; Ord. #2232, 2/27/07; Ord. #2187, 8/23/05; Ord. #2139, 4/15/04; comprehensive changes Ord. #2090, 7/9/02; Entire Chapter II repealed and re-enacted by Ord. #2033, 6/27/00.