Notwithstanding any other administrative procedure of this jurisdiction, and unless otherwise specified by State law or within this E.H. Code, the following administrative procedure shall be applied for all DEHS hearings pertaining to the denial, suspension, revocation, or denial of reissuance of any license, permit, certificate, registration, privilege, or other entitlement through DEHS. 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, addressed to the Director of DEHS, within 15 calendar days of receipt of the Administrative OSC or notice of the denial, suspension, revocation, denial of reissuance, or denial of any claimed entitlement. 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 Director of DEHS or the Director’s appointee for such purpose. 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 not immediately involved with enforcement activities pertaining to the particular activity or facility concerned.
(c) For revocation proceedings, the hearing shall be held within 15 calendar days after receipt of a request for a hearing; for post-suspension proceedings the hearing shall be held within five calendar days after receipt 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 taken by the hearing officer. The enforcing officer shall present his or her 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 enforcing officer has presented his or her case. The enforcing officer shall have the right of cross-examination. After both sides have completed presenting evidence, the enforcing 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 which 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 and irrelevant and unduly repetitious evidence shall be excluded.
(Adopted/amended by Ord. 850, passed - -1958; Ord. 1335, passed - -1967; Ord. 1527, passed - -1969; Ord. 1633, passed - -1971; Ord. 1790, passed - -1973; Ord. 1832, passed - -1973; Ord. 1924, passed - -1974; Ord. 2246, passed - -1978; Ord. 2663, passed - -1982; Ord. 3105, passed - -1986)