(a) The Director shall hold an administrative hearing for the following purposes:
(1) To issue or deny a permit application when requested by a person pursuant to this Article;
(2) To modify, revoke or suspend a permit that has been issued pursuant to this Article, except as otherwise provided in this Article;
(3) To issue an order imposing administrative penalty against a person unless such person waived her or his right to a hearing.
(b) Notice of hearing pursuant to this Section shall be given by publication in a newspaper of general circulation in the City and County of San Francisco for at least two (2) days and not less than ten (10) days prior to the date of such hearing. Written notice shall be sent to any interested person, including without limitation the applicant or permittee by certified mail, return receipt requested, at least ten (10) days in advance of the hearing. The notice shall state the nature and purpose of the hearing and the hearing date and location.
(c) In any hearing held in accordance with this Article, any party shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to see and copy all documents and other information the City relies on in the proceeding, to be represented by counsel, and to confront and cross-examine any witnesses against them. The hearing may be continued for a reasonable time once upon a showing of good cause by the party requesting such continuance. The request for continuance shall be in writing setting forth the basis for the request and shall be submitted to the Director at least one business day before the hearing.
(d) In a hearing to issue an order setting liability for administrative penalties, the Director shall designate a certified court reporter to report all testimonies, the objections made, and the rulings of the objections made by the Director. Fees for the transcripts of the proceeding shall be at the expense of the party requesting the transcript as prescribed by the California Government Code § 69950, and the original transcript shall filed with the Director at the expense of the party ordering the transcript. In all other hearings, the proceedings shall be electronically recorded.
(e) The Director shall issue his or her decision and order within thirty (30) days from the conclusion of the hearing. The decision and order shall be in writing and shall contain a statement of reasons in support of the decision. The decision and order shall be sent by certified mail, return receipt requested, to the owner and operator and by first class mail to all other interested parties.
(f) An administrative order imposing an administrative penalty shall be final. Such decision shall advise interested parties of their right to seek a judicial review of the decision pursuant to California Code of Civil Procedures § 1094.6.
(g) The Director's order to issue, deny, modify, revoke, suspend, or renew a permit may be appealed to the Board of Appeals in the manner prescribed in Article 1, Part III of the San Francisco Municipal Code. Because of the potential threat to the public health and safety of a well that is operating in violation of this Article, the Director's decision to modify, revoke or suspend a permit shall not be automatically stayed upon the filing of an appeal to the Board of Appeal.
(h) The Director may designate a hearing officer to preside over any hearing and to act on behalf of the Director in accordance with this Section. The Director may not designate a person to preside over any hearings if such person:
(1) has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage; or
(2) is subject to the authority, direction or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage.
(i) Notwithstanding Subsection (h), the Director may designate a person to preside over the hearing if such person participated only as a decision maker or as an advisor to a decision maker in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding or preadjudicative stage.
(j) The person designated as the hearing officer shall not receive any additional compensation solely for her or his service as the hearing officer.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)