Any person receiving a notice of violation or notice of imposition of administrative fines may appeal the matter by requesting an administrative hearing.
(A) Request for administrative hearing. Any person appealing a notice of violation or notice of imposition of administrative fines, shall, within 30 calendar days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Clerk of the Board of the County, with a copy of the request for administrative hearing mailed on the date of filing to the director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within 45 calendar days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
(B) Hearing proceedings. The Agency or its authorized representative shall appear in support of the notice of violation or notice of imposition of administrative fines, and the appealing party shall appear in opposition to the notice. The Agency shall have the burden of supporting the notice and any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
(C) Final decision and appeal. The final decision of the Hearing Officer shall be issued by mail within ten calendar days of the conclusion of the hearing. The final decision shall be delivered by first-class mail, postage prepaid, to the appealing party at the address set forth in the request for an administrative hearing. Pursuant to Cal. Gov’t Code § 53069.4(b)(1), if the final decision is contested, review must be sought in the Superior Court as a limited civil case within 20 days after the date of service of the final decision. A copy of the notice of appeal must be served on the director either in person or by first class mail. If no notice of appeal is timely filed with the Superior Court, the final decision issued by the Hearing Officer shall be deemed confirmed and final.
(Ord. 1274, passed 6-5-17)