§ 8114-5.5. Administrative hearing process.

a.

An impartial Hearing Officer appointed by the Director of the County's Resource Management Agency or designee, or otherwise acting pursuant to Government Code sections 27720 through 27728, shall conduct the administrative hearing process. The Hearing Officer shall be authorized to issue subpoenas, receive evidence, administer oaths, and rule on questions of law and the admissibility of evidence. The Hearing Officer shall have no financial interest in the outcome of the matter; shall not solicit or receive evidence outside of the hearing; and shall avoid personal contacts and correspondence concerning substantive issues outside of the hearing. The parties to the administrative hearing shall be the County and the person(s) deemed responsible for the subject violation(s).

b.

The Planning Division shall coordinate and provide notice regarding the scheduling of the hearing. At least twenty (20) calendar days before date of the hearing or rescheduled hearing, the Planning Director or designee shall notify the parties and Hearing Officer by first class mail of the time and date of the hearing. Either party may make a written request to the Planning Division for one (1) continuance of the hearing no later than ten (10) calendar days before the date of the hearing. If the request for continuance is timely submitted, the hearing date shall be rescheduled to a new date certain not more than thirty (30) calendar days after the initially-scheduled hearing date.

c.

The Hearing Officer shall consider the following in making his or her decision on the merits: (1) the notice of violation issued by the County pursuant to Section 8114-5.1, along with the County's supporting evidence; (2) the appellant's notice of appeal submitted pursuant to Section 8114-5.4, if applicable; and (3) all other evidence and materials offered by the parties to support their respective position. No later than five (5) calendar days before the hearing date, each party shall deliver, by personal service or overnight mail, its above-referenced evidence and all other materials the party intends to present to support its position, to the Hearing Officer and to the other party. In addition, the parties shall be allowed to testify and offer argument at the hearing. The hearing need not be conducted according to the technical rules of evidence. Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions. Testimony shall be taken under oath or affirmation. The hearing shall be recorded.

d.

The Hearing Officer shall evaluate the evidence and testimony and shall decide the following issues:

(1)

With respect to violations involving permit revocation, the Hearing Officer shall decide whether the alleged violation(s) occurred and, if so, whether permit revocation is the appropriate remedy. If the Hearing Officer determines that the alleged violation occurred but that revocation is not warranted, then the Hearing Officer shall remand the matter to the County for determination of an appropriate administrative penalty to impose in lieu of permit revocation.

(2)

With respect to appeals of violations and/or the amount of associated civil administrative penalties, the Hearing Officer shall decide whether the violation occurred and if so, whether the amount of the penalty is appropriate. If the Hearing Officer determines that the alleged violation occurred but that the amount of the penalty is excessive, then the Hearing Officer shall determine an appropriate, lesser penalty amount based on the factors set forth in Section 8114-5.2.

e.

The Hearing Officer's decision shall be set forth in a written order served upon the parties by first class mail delivery no later than thirty (30) calendar days after the hearing date. The order shall be considered the Final Administrative Order for purposes of Government Code section 53069.4.

f.

Pursuant to Government Code section 53069.4, subdivision (b)(1), if the Final Administrative Order is contested, review shall be sought in the Ventura County Superior Court as a limited civil case within twenty (20) calendar days after the date of service of the Final Administrative Order. A copy of the notice of appeal shall be served on the Planning Director or designee either in person or by first class mail. If no Notice of Appeal is timely filed with the Superior Court, the Final Administrative Order issued by the Hearing Officer shall be deemed confirmed and final.

(Ord. No. 4523, § 6, 6-19-2018)