Appendix 4554. Hearing procedures.

The following shall be the hearing procedure:

(a)

Hearing Officer. The unified program manager or his or her designee shall be the hearing officer for all hearings conducted pursuant to unified program, including without limitation all administrative hearings for penalties held pursuant to Sections 25514.5 and 25514.6 of the Health and Safety Code.

(b)

Notice of Hearing Date and Place. The date, time and place for the hearing shall be provided in the notice of deficiencies required by Sections 4516 and 4524 of this chapter, or with respect to a hearing conducted as to penalties, in the complaint issued pursuant to Section 25514.6 of the Health and Safety Code. With respect to a hearing conducted for penalties, the hearing date shall be noticed for a date within sixty (60) days after service of the complaint.

(c)

Hearing. The hearing shall be public and shall be held before the hearing officer at the date, time and place specified in the notice of deficiencies or complaint, as the case may be, or at such other date, time and place as may be mutually agreed to by the hearing officer and affected persons.

(d)

Subpoena Power. Before the hearing has commenced, the hearing officer shall, at the request of the CUPA or any person affected by the outcome, including any person on whom any civil liability may be imposed, issue subpoenas and subpoenas duces tecum for attendance of witnesses or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the hearing officer may issue subpoenas or subpoenas duces tecum as he or she deems appropriate. Any person duly subpoenaed to appear and testify or to produce any documents before the hearing officer who wrongfully neglects or refuses to appear and testify or to produce such documents is guilty of a misdemeanor

(e)

Evidence. Oral evidence need not be taken under oath or affirmation unless an affected person requests that testimony be taken under oath, in which case the hearing officer shall have the power to administer oaths or affirmations. Testimony may be given in an informal narrative style. The CUPA and any affected person may be represented by counsel. The CUPA and any affected person shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issue even though such matter was not covered on direct examination, and to impeach any witness regardless of who first called the witness to testify. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence upon objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action.

(f)

Record. The hearing officer shall record the hearing on a recording device and shall make such recording available to any member of the public upon request. The hearing officer shall provide a copy of the recording or a transcript prepared therefrom to any person who requests a transcript and pays the cost of making such copy or preparing such transcript.

(g)

Decision. After the hearing, the hearing officer shall prepare and issue a decision, which shall be prepared in accordance with Sections 25514.5 and 25514.6 of the Health and Safety Code where such sections are applicable. The decision of the hearing officer shall be final except that a hearing conducted in accordance with Sections 25514.5 and 25514.6 of the Health and Safety Code shall be appealable in accordance with Section 25514.6. The maximum amount of the civil penalty, if any, imposed by the decision shall be the maximum amount allowed under Section 25514.5 of the Health and Safety Code or the amount specified in the complaint, whichever is less. Subject to those maximums, the amount of the civil penalty, if any, shall be as determined by the hearing officer in accordance with the provisions of Sections 25514.5 and 25514.6 of the Health and Safety Code.

(Add. Ord. 4286—6/17/03)