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For the purposes of this chapter the following definitions are adopted:
1. “City” means the City of Los Angeles.
2. “Board” means any board provided for in the Charter.
3. “Committee” means one or more examiners appointed by a board, under Section 217 of the Charter, to submit a report to such board.
4. “Chairperson” means the examiner designated by a board to be the chairperson of a committee.
5. “Proceeding” includes all the things done in connection with a matter which is referred to an examiner or committee.
6. “Person” includes a person, firm, corporation, and officer, board, or department of the City.
7. “Party” means a person upon whose appeal, protest or application, or against or directly affecting whom any action is proposed to be taken or withheld by a board after the submission of a report to such board by an examiner or committee.
8. “Interested person” means a person who, though not a party, is determined by the board or the examiner or chairperson to have a special interest in a proceeding and to be privileged to appear therein. No person shall be deemed to be an interested person unless the person is recognized as such by an order of the board or of the examiner or chairperson.
SECTION HISTORY
Based on Ord. No. 95,338.
Amended by: Definitions 2. And 3., Ord. No. 173,269, Eff. 6-25-00, Oper. 7-1-00.
Whenever an appeal or protest is made to a board by virtue of any law, or whenever a board is required to conduct any investigation or hearing, such board may appoint one or more examiners or designate one or more of its members to serve as examiners, and direct such examiner or examiners to consider all or a part of such appeal or protest or to conduct all or a part of such investigation or hearing and to submit a report or reports thereon as hereinafter provided. Examiners may, but need not, be appointed from among the officers or employees of the City.
Except as otherwise specifically provided by ordinance, or by a resolution of the board of a department having control of its own funds, no person shall receive any compensation for the person’s services as an examiner in addition to the compensation attached to any other office or employment held by the person in the service of the City. Provided, however, that whenever a board designates one of its members to act as a hearing examiner, such member shall receive $25.00 for each day of such hearing as an attending fee, not to exceed $250.00 in any calendar month, in addition to any other payment the member may receive from the City by reason of the member’s position as a commissioner.
SECTION HISTORY
Based on Ord. No. 95,338.
Amended by: Ord. No. 127,739; Ord. No. 144,337, Eff. 3-9-73.
Where a board directs a committee of examiners to submit a report to the board, the board shall designate one of the examiners to be chairperson of the committee. Subject to such rules as may be adopted by the board, and to any order of the board, the chairperson shall preside at all meetings of the committee and at all hearings conducted by the committee, and shall direct and supervise the work of the committee, fix the time and place of its meetings and hearings, direct the order of its business, and rule upon the admission of evidence to be considered by the committee; provided, however, that upon the objection of any examiner to an order of the chairperson refusing to recognize any person as an interested person, or to an order excluding any evidence from consideration, the chairperson shall reverse such ruling.
Each examiner shall be present at all times during any hearing conducted by the committee, and each must read all reports proposed to be submitted by any member of the committee; provided, however, that the board may by order direct that a hearing may be had or continued in the absence of one or more examiners on condition that such absent examiner or examiners shall read a transcript of the testimony taken during the examiner’s absence and shall examine or view any other evidence then received, and provided further that the board may at any time direct that any examiner shall cease to act and that the proceeding shall continue as if the examiner had not been appointed or designated.
SECTION HISTORY
Based on Ord. No. 95,338.
(a) A person who files a protest, appeal, or application with a board thereby appears as a party in the proceeding thereon. Such party is the protestant, appellant or applicant, as the case may be.
(b) A person given notice by the board to appear in response to a proposal or application that the board take action against, or directly affecting such person, is a party to the proceeding thereon. Such party is the respondent in the proceeding.
SECTION HISTORY
Based on Ord. No. 95,338.
Whenever a board refers a matter to an examiner or committee, such notice shall be given of the time, place and purpose of any hearing therein as would be required by law if such hearing were to be conducted before such board. Unless it is otherwise stipulated by all parties, notice of a hearing shall be given at least five days before such hearing, and shall be given in person or by mail to each party and interested person, except that written notice may be transmitted through regular messenger service to any board, officer or employee of the City who is a party or interested person; provided, however, that whenever a matter regularly before a board for hearing is then and there referred to an examiner or committee, the hearing may then be had before the examiner or committee, or it may be continued by the board, examiner or committee to a date stated, and no further or other notice need be given, except as may be required by order of the board.
SECTION HISTORY
Based on Ord. No. 95,338.
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