Appendix 4587. Administrative civil penalties and procedures.

This Section constitutes a written policy to adopt and carry out the provisions of Sections 25514.5 and 25514.6 of the Health and Safety Code.

(a)

Hearing Officer. The manager shall be the hearing officer for all administrative hearings pursuant to Section 25514.6 of the Health and Safety Code.

(b)

Notice of Hearing Date and Place. The complaint issued pursuant to Section 25514.6 of the Health and Safety Code shall specify the date, time and place at which the hearing shall be held, which date shall be 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 complaint or at such other date, time and place as may be mutually agreed to by the hearing officer and the party served with the complaint.

(d)

Oaths. The hearing officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

(e)

Evidence. Oral evidence need not be taken under oath or affirmation unless a person on whom civil liability may be imposed pursuant to the hearing so requests and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. The administering agency and the person on whom civil liability may be imposed have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any manner relevant to the issues 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 or 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 admissible over objection in a civil action.

(f)

Subpoena Power. Before the hearing has commenced, the hearing officer shall, at the request of any representative of the administering agency or the person on whom civil liability may be imposed, issue subpoenas and subpoenas duces tecum for attendance 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 is commenced, the hearing officer may issue such subpoenas and subpoenas duces tecum as he or she deems proper. Any person duly subpoenaed to appear and testify or to produce any books and papers before the hearing officer who wrongfully neglects or refuses to appear to testify or to produce such books and papers is guilty of a misdemeanor.

(g)

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 requested and pays the cost of making such copy or preparing such transcript.

(h)

Decision. After the hearing, the hearing officer shall prepare and issue a decision in accordance with the provisions of Section 25514.6 of the Health and Safety Code. 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 amount is less. Subject to those maximums, the amount of the civil penalty imposed, 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.