Notwithstanding any other administrative procedure of the County, and unless otherwise specified by State law, the following administrative procedures shall apply to all hearings required pursuant to orders written pursuant to the provisions of Chapter 4, 5, 6 and 7 of Division 3 of Title 2 of the San Bernardino County Code. The following procedure shall not be applicable to hearings before the San Bernardino County Board of Supervisors.
(a) An appeal made under this Section shall be made in writing and filed with the County Fire Chief within 15 calendar days of receipt of an order written pursuant to provisions of Chapters 4, 5, 6 and 7 of Division 3 of Title 2 of the San Bernardino County Code. The appeal shall contain the address to which the notice of hearing shall be sent in order for the appeal to be valid.
(b) The hearing officer shall be the County Fire Chief or another person appointed by the Chief. Any such appointee shall be a person who has no knowledge of the facts of the particular case at the outset of the hearing and a person who is not immediately involved with enforcement activities pertaining to the particular activity or facility concerned.
(c) For permit revocation proceedings pursuant to § 23.0606 of this Chapter, the hearing shall be held within 15 calendar days after receipt of a request for a hearing. For permit post-suspension proceedings pursuant to § 23.0608 of this Chapter, the hearing shall be held within five calendar days after receipt of a request for a hearing. For all other proceedings, the hearing shall be held within 90 calendar days after filing of a request for a hearing. Upon written request of the permit holder, the hearing officer may postpone the hearing date or it may be postponed or continued by stipulation of the parties. If the party notified does not respond or appear, no further hearing procedure shall be required.
(d) Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be administered by the hearing officer. The investigative officers shall present their case first with oral testimony, documentary or other evidence. The responding party shall have the right to be represented by counsel and shall have the right of cross-examination. The responding party may present a response after the investigative officers have presented their case. The investigative officers shall have the right of cross-examination. After both sides have completed presenting evidence, the investigative officer may comment on the evidence and argue. Thereafter, the responding party may do the same.
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded.
(e) The Hearing Officer shall issue a written notice of decision to the permittee within five County working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged and shall state the terms of the suspension or that the permit has been revoked.
(Ord. 3846, passed - -2002)