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(a) A Covered Entity may file an appeal from a determination of violation (“Appeal”) in accordance with the following procedures:
(1) The Covered Entity 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 to the violation, 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 Covered Entity 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 Covered Entity.
(4) The hearing officer shall promptly set a date for a hearing. The hearing must 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 Covered Entity 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 Covered Entity of the right to appeal by filing a petition for a writ of mandate as described in subsection (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 Covered Entity 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) The final administrative decision is enforceable as a judgment in Superior Court. Where a Covered Entity 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 enforce the final administrative decision as a judgment 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 Covered Entity until such time as the violation is remedied.
(Added by Ord. 39-21, File No. 201186, App. 3/26/2021, Eff. 4/26/2021)