(a) Whenever a person (the "respondent") requests a hearing under this chapter the Director shall appoint a Department employee who has not been directly involved in the case to serve as the hearing officer. The hearing officer shall hold the hearing within 30 days from the date the Department receives the request for the hearing. The hearing officer may continue a hearing at the request of either party for good cause. The hearing officer shall issue a written decision that contains findings and the factual bases for the findings. The hearing officer's decision shall be final except as provided below. The fact that no hearing has been conducted shall have no bearing on any criminal prosecution alleging a violation of this chapter.
(b) The Department shall present its evidence first and have the burden of producing evidence at the hearing. The respondent shall have the right to present evidence contesting the Department's case and the Department shall have a right to present a rebuttal case. The standard of proof on the issues before the hearing officer shall be the preponderance of the evidence.
(c) Each party shall have the right at the hearing to call and examine witnesses, introduce evidence, cross-examine an opposing witness on any matter relevant to the issues in the case even though that matter was not covered during direct examination, and impeach any witness regardless of which party first called the witness to testify. The Department may call the animal's owner or custodian as a witness during its case in chief or during its rebuttal case and examine the person as if the person was under cross-examination.
(d) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.
(e) The Department shall serve the hearing officer's decision on the respondent. If the hearing officer determines that sufficient grounds exist for the Department to declare a dog to be a dangerous dog or a public nuisance animal, or that the Department will abate a dog, the hearing officer's decision shall include a notice that the respondent may apply for a departmental administrative review of the record. The notice shall advise the respondent that the request for review shall be in writing and served on the Department within 10 days. The request for review shall provide the reasons why the respondent contends that the hearing officer's decision is erroneous.
(f) The administrative review shall be conducted by the Director or an employee the Director designates who has not been directly involved in the case and who shall be of the same rank or higher than the hearing officer.
(g) If a respondent timely requests administrative review, a hearing officer's decision approving the Department's determination to destroy an animal, the decision is stayed until the Department completes its review. A request for administrative review shall not stay the hearing officer's decision approving the Department's determination to declare a dog a dangerous dog or a public nuisance animal, or any condition the Department imposes to allow a person to continue owning or have custody of an animal.
(h) As part of the administrative review process, the employee conducting the review of the record shall consider: (1) the issues the respondent raised in the request for review, (2) whether the Department's determination is supported by substantial evidence and (3) whether the Department acted in compliance with this chapter.
(i) At the conclusion of the administrative review the employee reviewing the record may uphold, modify or overrule the hearing officer's decision or may order the Department to reconsider the case. The reviewer's decision shall be in writing and shall contain the reasons for the decision. If the reviewer upholds the hearing officer's decision to abate an animal by destruction the Department shall serve the respondent with a written notice of the right to apply for a writ of mandate or other order from Superior Court within 10 days from the date of the notice. The Department shall stay disposition of the animal while the Superior Court action is pending or until the time for filing an action contesting the decision to abate has expired.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10)