SEC. 1137. DIRECTOR'S HEARINGS.

   (a)   The Director shall hold a public hearing for the following purposes:

      (1)   To issue an order that imposes an administrative civil penalty pursuant to Section 1133(c) of this Article unless the party against whom liability is to be imposed has waived the right to a hearing as provided in Section 1133(c);

      (2)   To issue an order pursuant to Section 1133(a) that revokes or suspends a permit;

      (3)   To take public comment on a permit application under Section 1124, upon timely and proper request by a person authorized pursuant to Section 1124(c);

      (4)   To take public comment on the approval of a corrective action plan or modification to a corrective action plan pursuant to Section 1143, upon timely and proper request by a person authorized pursuant to Section 1143(g);

      (5)   To comply with a request for a public hearing under Section 1133(i) following an enforcement action by the Director, upon timely and proper request by a person authorized pursuant to Section 1133(i);

      (6)   To hear an appeal from the levy of fee penalties and site investigation fees imposed pursuant to Sections 1120 and 1120.1. The Director may reduce the amount of the fees only upon a showing of just cause, such as demonstrable negligence on the part of an employee or agent;

      (7)   To take public comment on a risk management plan pursuant to Article 21A of this Code.

   (b)   Notices of public hearings pursuant to this Section shall be given by publication in a newspaper of general circulation in the City for at least two days and not less than 10 days prior to the date of such hearing. Written notice setting forth the date of the public hearing shall be sent to interested persons, including without limitation the hazardous materials handler and the property owner, by certified mail at least 10 days in advance of the hearing. The notice shall state the nature and purpose of the public hearing.

   (c)   In any hearing under this Article, all parties involved 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. Any hearing under this Article may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness.

   (d)   In a hearing to issue an order setting liability for administrative civil penalties, the Director shall designate a certified court reporter to report all testimony, the objections made, and the ruling of the Director. Fees for transcripts of the proceedings shall be at the expense of the party requesting the transcript as prescribed by Section 69950 of the California Government Code, and the original transcript shall be filed with the Director at the expense of the party ordering the transcript.

   (e)   At the conclusion of a public hearing, the Director may take any action consistent with this Article and other applicable law. The Director's decision shall be in writing, and shall contain a statement of reasons in support of the decision. Following a public hearing, the decision of the Director shall be sent by certified mail to the handler and the property owner and any other interested person.

   (f)   Hearings requested pursuant to Subsections (a)(3), (a)(4), and (a)(5) shall be subject to a hearing fee as provided in Section 1176.

   (g)   The decision of the Director to issue, deny, revoke, suspend, modify or renew a permit may be appealed to the Board of Appeals in the manner prescribed in Article I, Part III of the San Francisco Municipal Code.

   (h)   The Director's action shall be final unless an appeal, if provided by this Article, is filed in a timely manner.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 348-92, App. 11/18/92; Ord. 399-97, App. 10/17/97)