(a) To hear appeals of administrative citations issued pursuant to this chapter, the Board of Supervisors authorizes the use of a hearing officer appointed pursuant to Yolo County Code Section 1-5.09.
(b) Upon receipt of the written appeal, the matter shall be promptly set for a hearing before the hearing officer. The hearing will be conducted remotely using video technology, such as WebEx or ZOOM, unless the parties otherwise mutually agree to an in-person hearing with the concurrence of the hearing officer.
(c) Unless a hearing is waived by the County and the responsible party (appellant) in favor of a determination based upon written filings, including arguments and supporting evidence in the form of declaration testimony and other competent evidence, the hearing officer shall hold a de novo administrative hearing to determine whether the conditions described in the citation constitute a violation under this chapter and to review and decide any other matters properly appealed by the appellant. The hearing may be continued from time to time for good cause.
(d) The appellant shall be given an opportunity at the hearing to present and elicit testimony (including by cross-examination) and other evidence regarding matters properly appealed, including the existence of one or more violations and the administrative penalty amount (if $1000 or greater). Failure of the appellant(s) to appear and present evidence at the hearing shall be deemed a withdrawal of the request for hearing and shall constitute a failure to exhaust administrative remedies.
(e) The appellant may choose to be represented by an attorney; however, formal rules of evidence or procedure shall not apply, including rules relating to evidence, witnesses and hearsay. 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. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will require an undue amount of time.
(f) The standard of proof shall be a preponderance of the evidence and the County bears the burden of proof to establish the existence of the violation, if placed in dispute by the notice of appeal. The burden of proof on all other matters shall be borne by the appellant.
(g) The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter certified by the state or Yolo County Superior Court at its sole cost.
(h) After the hearing, the hearing officer shall render his or her written decision affirming, reversing or modifying the determination that one or more violations occurred. If the violation is affirmed, the decision shall include a statement that the County is entitled to recover administrative penalties and any other fees, charges, or costs authorized by this chapter and included in the citation. The hearing officer may also reduce the amount of the administrative penalty if warranted, taking into consideration all evidence provided by the appellant (and any responsive evidence adduced by the County) in connection with the factors set forth in Sec. 6-21.06, above.
(i) A copy of the decision shall be served on the parties and shall be final and conclusive when signed by the hearing officer and served upon the County Counsel and the appellant. For service upon the appellant, the hearing officer shall effect service in the manner requested by the appellant or, if no manner of service is provided, pursuant to the service methods in Sec. 6-21.07, above, with the assistance of the County if desired.
(j) Payment of all fines, fees, charges, and costs specified in the hearing officer’s decision shall be made to the County within thirty (30) calendar days of service of the decision, unless timely appealed to the Superior Court. Any responsible party aggrieved by the decision of a Hearing Officer may obtain further review by filing appropriate materials with the Yolo County Superior Court in accordance with the timelines and provisions as set forth in California Government Code § 53069.4. The Hearing Officer’s decision shall constitute the final administrative order or decision of the County pursuant to Section 53069.4.
(k) Excepting the $750 deposit required at the time an appeal is filed, hearing officer fees and costs shall be advanced by the County. If the violation is affirmed, the hearing officer shall award the County reimbursement of all hearing expenses borne by the County, including the Hearing Officer’s compensation. If the Enforcement Action is only partially upheld and/or if the fine amount is reduced, the Hearing Officer may proportionately reduce the County’s reimbursement of hearing expenses in his or her sole discretion. If the enforcement action is dismissed entirely, then the County shall bear the hearing costs and reimburse any deposit provided by the appellant.
(l) The appellant may settle any appeal with the Office of the County Counsel at any time for good cause, without the need for approval by the Board of Supervisors. The County Counsel shall consult with the County Administrator and County Health Officer, or their designees, prior to entering into any settlement. The terms of all such settlements shall be publicly disclosed upon request. (§ 10, Ord. 1523, eff. July 7, 2020)