ARTICLE XXXIII COUNTY HEARING OFFICER*
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*Note -- A new Article added by Ord. No. 4222 (N.S.), effective 1-17-74.
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This article establishes the position of County Hearing Officer, pursuant to Government Code sections 27720 et seq. This article does not apply to hearing officers hired to hear appeals of administrative citations, pursuant to San Diego County Code sections 18.101 et seq., or appeals of recording of notices of violation, pursuant to San Diego County Code sections 18.301 et seq.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10211 (N.S.), effective 6-1-12)
When any provision of the County Code or County Department policy provides that an appeal from an administrative action by a County officer shall be assigned to a hearing officer appointed under this article, the hearing officer shall have the authority to conduct a hearing, issue subpoenas, receive evidence, administer oaths, rule on the admissibility of evidence and upon questions of law. The hearing officer's authority on a particular matter, however, may be limited by the applicable County Code provisions or department policy. The hearing officer shall render a written decision, including any findings or conclusions required for the decision and submit the decision to the Clerk of the Board of Supervisors.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
Cross reference(s) -- Powers and duties of officers, boards, and commissions, § 51.
In order to qualify for the position of hearing officer pursuant to this article, a person must be an attorney at law admitted to practice before the courts of the State of California for at least five years prior to the appointment.
(Amended by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
An applicant for appointment to the position of hearing officer shall submit proof of qualification under section 652. Each member of the Board of Supervisors shall nominate two applicants for appointment to the pool of hearing officers. Hearing officers shall be appointed by an affirmative vote of a majority of the members of the Board of Supervisors, from the persons nominated.
(Amended by Ord. No. 6566 (N.S.), effective 5-12-83; amended by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A hearing officer shall receive compensation as provided in the County Compensation Ordinance in effect on the date of hearing over which the hearing officer presides, and may be reimbursed for actual and necessary expenses, not including stenographic expenses, when approved in advance by the Board of Supervisors or the Chief Administrative Officer.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A hearing officer appointed under this article shall serve a term which shall run concurrently with the term of the member of the Board of Supervisors who nominated the hearing officer. The term shall expire on the date the term of the member of the Board of Supervisors who nominated the hearing officer expires or at that time that Supervisor ceases to hold office, whichever first occurs. A hearing officer whose term has expired shall continue to discharge the duties as a hearing officer until a successor has been appointed. A hearing officer who is in the process of hearing a matter when the hearing officer's term expires, however, shall continue to discharge the duties as a hearing officer for that matter until the matter is completed. The reelection of a member of the Board of Supervisors for a succeeding term shall not automatically extend the term of any hearing officer.
(Amended by Ord. No. 6566 (N.S.), effective 5-12-83; amended by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A hearing officer shall serve at the will and pleasure of the Board of Supervisors and may be removed at any time, without cause. Suspension or revocation of a hearing officer's license to practice law in the State of California shall automatically revoke a hearing officer's appointment to serve.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)