(a) A person subject to a determination of violation of this Article 71 may file an appeal (“Appeal”) in accordance with the following procedures:
(1) The person (“Appellant”) shall file the Appeal with the Controller and serve a copy on the Agency. The Appeal shall be filed in writing within 15 days of the date of service of the determination of violation, and shall specify the basis for the Appeal and shall request that the Controller appoint a hearing officer to hear and decide the Appeal. Failure to submit a timely written Appeal shall constitute concession, and the determination of violation shall be deemed the final administrative decision upon expiration of the 15-day period. Further, failure to submit a timely, written Appeal shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought against the City regarding the determination of violation.
(2) Following the filing of the Appeal and service of a copy on the Agency, the Agency shall promptly afford the Appellant an opportunity to meet and confer in good faith regarding possible resolution of the determination of violation.
(3) Within 30 days of receiving an Appeal, the Controller shall appoint an impartial hearing officer who is not part of the Agency and immediately notify the Agency and Appellant of the appointment.
(4) The hearing officer shall promptly set a date for a hearing. The hearing shall commence within 45 days of the date of the Controller’s notice of appointment of the hearing officer, and conclude within 75 days of such notice; provided, however, that the hearing officer may extend these time limits for good cause.
(5) The hearing officer shall conduct a fair and impartial evidentiary hearing. The Appellant shall have the burden of proving by a preponderance of the evidence that the Agency erred in its determination of violation, and/or the relief ordered therein.
(6) Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or dismissing the determination of violation. The hearing officer’s decision shall be the final administrative decision. The decision shall consist of findings, a determination, any relief ordered, a reasonable time period for payment of any relief ordered, and notice to the Appellant of the right to appeal by filing a petition for a writ of mandate as described in subsection (a)(7), and that failure to file a timely Appeal shall result in the final administrative decision becoming enforceable as a judgment by the Superior Court.
(7) The Appellant may appeal the final administrative decision only by filing in San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, Section 1094.5 et seq., as applicable, and as may be amended from time to time.
(b) Where an Appellant fails to comply with a final administrative decision within the time period required therein, the Agency may take any appropriate enforcement action to secure compliance, including referring the action to the City Attorney to seek enforcement of the final administrative decision in Superior Court and, except where prohibited by State or Federal law, requesting that City agencies or departments revoke or suspend any registration certificates, permits, or licenses held or requested by the Appellant until such time as the violation is remedied.
(Former Police Code Sec. 3300C.4 added by Ord. 165-98, App. 5/21/98; redesignated as Police Code Sec. 3300C.5 by Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated as Labor and Employment Code Sec. 71.5 by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
CODIFICATION NOTE