Alameda Municipal Code § 1-8 Hearing Procedures, Hearing Officers' Decisions and Administrative Regulations

a. In any administrative proceeding conducted under this Code by a Hearing Officer or Hearing Examiner:

1. The Hearing Officer or Hearing Examiner shall have no authority to consider the constitutionality of any Federal, State or local law or regulation.

2. The Hearing Officer or Hearing Examiner, in the performance of duties, shall comply with all applicable Federal, State and local laws, regulations and codes of conduct.

b. No administrative decision issued by a Hearing Officer or Hearing Examiner shall establish legal precedent applicable beyond the case presented by the decision.

c. No administrative decision shall be cited as controlling or persuasive legal precedent in any subsequent administrative hearing in a separate case.

d. This section shall not preclude the use of an administrative decision to establish factual issues, such as showing a pattern or practice in any proceeding.

e. The City Attorney or designee may promulgate administrative regulations to implement the administrative hearing procedures set forth in this Chapter. Such regulations may set forth instructions relating to topics such as conflicts of interest, disqualification and selection of Hearing Officer or Hearing Examiners.

(Ord. No. 3249 N.S., § 1, 9-3-2019; Ord. No. 3250 N.S., § 1, 9-17-2019)