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The hearing officer selected to make findings and determinations under the Yolo County Equal Employment Opportunity Hearing Process shall be a qualified Administrative Law Judge provided by the California Office of Administrate Law Judges, upon the request submitted by the human resources manager following receipt of an appeal as described above. A qualified Administrative Law Judge described herein shall be an Administrative Law Judge who has personnel experience, labor relations management experience, affirmative action or equal employment opportunity experience or legal experience in adjudicating administrative matters. A qualified Administrative Law Judge shall not include any person who is a County employee, or a member or employee of any of the Yolo County employee organizations.
The hearing officer shall preside over an administrative hearing relative to the matters described above upon the call of the human resources manager. The hearing officer shall have the power to subpoena witnesses and papers. Rules governing the proceedings of the hearing shall be those rules as set for the by the Office of Administrative Hearings in general governing administrative hearings.
An appeal shall be commenced by filing an application in writing, setting forth the action appealed from, the name of the County officer or employee who took the action, and the facts and grounds for the appeal, with the human resources manager. within thirty (30) days after the action appealed from.
The human resources manager, after consultation with the hearing officer and appellant shall set the application for a hearing within thirty (30) days after filing and shall give at least ten (10) days’ written notice of the hearing to hearing officer and to the parties. A copy of the application shall accompany each notice of hearing.
At the time and place set for the hearing, the applicant shall have the burden of proof, and other parties shall have an opportunity to respond. The hearing officer may continue the hearing from time to time and at the conclusion of the hearing shall make its determination of the appeal.
Upon the application of any party, the hearing officer shall issue subpoenas to require attendance to take testimony in any matter before it. The hearing officer may issue subpoenas on his/her own motion. The person making an application for a subpoena shall be responsible for serving it and for the payment of witness fees and mileage. An application for the production of books, documents, or other things under the control of the witness shall be supported by an affidavit such as is prescribed by Section 1985 of the Code of Civil Procedure of the State.
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