A. Notice of Appeal. The General Manager or Respondent may file a notice of appeal with the Commission within 15 calendar days of the date of service of the administrative ruling. In order to be considered timely, the notice of appeal must be postmarked or received by the Commission within the 15 calendar days. The notice of appeal must: 1) be in writing; 2) specify in detail the basis for the appeal; and 3) indicate the Appellant's preferred return mailing address. (Amended by Ord. No. 187,032, Eff. 6/14/21.)
B. Appeal Process. As soon as practicable after receiving the written notice of appeal, the Commission shall determine whether to issue a final ruling based upon the administrative record or to set a hearing to decide on the administrative appeal.
1. If the Commission elects to issue a final ruling based upon the administrative record, the Commission shall issue such ruling within 30 calendar days of receipt of the notice of appeal.
2. If the Commission elects to conduct a hearing on the administrative appeal, the hearing shall be noticed, scheduled and conducted in accordance with Section 51.08, except that the Commission shall act in place of the Hearing Officer. Within 30 calendar days after the conclusion of the hearing, the Commission shall rule on the appeal.
C. Standard of Review. The Commission shall review the Hearing Officer's ruling under an abuse of discretion standard.
D. Failure to Appeal. Failure of the Appellant to file a notice of appeal in accordance with the provisions of this section or to appear at the Commission appeal hearing shall constitute a failure to exhaust administrative remedies. In such instance, the Hearing Officer's ruling shall become final and enforceable.
E. Submittals for the Hearing. No fewer than seven calendar days prior to the appeal, the Appellant and Appellee shall submit to the Commission, with simultaneous service by First Class mail to one another, the statement of issues to be determined by the Commission, a statement of the evidence to be offered and the witnesses to be presented at the hearing, and any other relevant evidence.
F. Commission Ruling. If the Commission finds that the Hearing Officer's ruling is based upon an abuse of discretion, the Commission may reject the ruling of the Hearing Officer in whole or in part. In so doing, the Commission may: 1) reinstate, reduce, waive or conditionally reduce or waive the administrative penalties; 2) reinstate, reduce, waive or conditionally reduce or waive the Compensatory Penalties; 3) impose, reduce, waive or conditionally reduce or waive conditions imposed in the ruling; and 4) alter deadlines for the correction of violations or the payment of the outstanding penalties.
G. Final Order. The ruling of the Commission pursuant to this section shall constitute a final order, which shall be served on the General Manager and the Respondent by Certified mail. The Commission's final order is subject to judicial review, pursuant to California Code of Civil Procedure Section 1094.5. (Amended by Ord. No. 187,032, Eff. 6/14/21.)