§ 4493-8.6. Hearing officer's decision.  


Latest version.
  • (a)

    Within ten (10) days after completion of the hearing, the hearing officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee and shall set forth the reasons for such decision. A copy of the decision shall be provided to the Division.

    (b)

    The Division shall, after receiving a copy of the hearing officer's determination, promptly provide a copy thereof to the citee at the address set forth in his/her request for administrative hearing.

    (c)

    If the decision of the hearing officer is to sustain the civil penalty, the Division shall accompany the hearing officer's decision with a notice advising the citee that the Division will retain any advance deposit previously paid for the civil penalty amount. If payment was not in the full amount, including a waiver previously granted, full and complete payment will be required within thirty (30) days of the date of the notice.

    (d)

    The citee shall have the right to file a petition in the Ventura County Superior Court for review of the hearing officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition must be filed within ninety (90) days of the date notice of the decision is served on the citee.

    (e)

    If the decision of the hearing officer is to set aside and vacate the civil penalty, any advance deposit of the civil penalty shall be refunded to the citee. Notice shall be provided to the citee of the determination and the refund. Notice of the decision shall also be provided to the enforcement officer.

(Ord. No. 4457, § 1, 12-10-2013)