This chapter establishes an Appellate Hearing Board to hear appeals from designated decisions by County departments. This chapter only applies when this code authorizes an appeal to the Appellate Hearing Board, or state law authorizes an appeal to a local appeals board or a housing appeals board. In the event other sections of this code contained within other chapters specify procedures for processing and hearing an appeal applicable to those chapters, those specific procedures shall apply and Sections 16.103-16.106 shall not apply.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18)
(a) Pursuant to section 27721 of the California Government Code, the "Appellate Hearing Board" shall be a County hearing officer appointed pursuant to sections 650 et seq. of the County Administrative Code, or where authorized, are appointed by the director of the department initiating the enforcement action. For purposes of section 17920.5 and 17920.6 of the California Health and Safety Code, "local appeals board" and "housing appeals board" shall have the same meaning as "Appellate Hearing Board".
(b) An "appellate hearing officer" shall be a County hearing officer assigned to hear an appeal under this chapter.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18)
The Clerk of the Board of Supervisors shall, after receiving notice of an appeal, promptly assign the matter to a hearing officer by selecting a hearing officer on a rotating basis from the list of appointed hearing officers. The hearing officer shall schedule the hearing within 30 days of being assigned to hear a matter and send the County department whose decision is being appealed and the appellant notice of the hearing at least 21 days before the hearing, which states:
(a) The date, time and location of the hearing,
(b) The hearing will not be continued except for good cause,
(c) The appellant may present evidence and witnesses at the hearing,
(d) The appellant may be represented by counsel, at appellant's expense,
(e) All requests for witness subpoenas must be submitted to the hearing officer 14 days before the hearing,
(f) If the appellant does not appear at the hearing and complete the hearing the appeal will be denied and the decision by the County department will be upheld.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07)
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