Fresno County Municipal Code Ch. 2.81 Office of County Hearing Officer

Pursuant to Government Code Section 27720 et seq., and Fresno County Charter Section 16, the office of the county hearing officer is hereby established, which shall include five hearing officer positions.

(Ord. No. 17-020, § 1, 10-31-2017)

The duties of the office of the county hearing officer are to conduct those hearings that are delegated to it by the county board of supervisors by ordinance or resolution in accordance with the requirements of Government Code Section 27720, et seq.

(Ord. No. 17-020, § 1, 10-31-2017)

A. "Ordinance Code" means the county of Fresno Ordinance Code and county of Fresno Zoning Ordinance Code.

B. "County department" is the department responsible for the enforcement of the cited violation(s) of the Ordinance Code or other county policy or rule subject to appeal before a hearing officer.

C. "County officer" is the county employee charged with the enforcement of the cited violation(s) of the Ordinance Code or other county policy and/or rule subject to appeal before a hearing officer.

D. "Hearing" is an administrative adjudicative proceeding presided over by a hearing officer who receives evidence and legal arguments prior to issuing a decision resolving contested issues of law and/or fact.

(Ord. No. 17-020, § 1, 10-31-2017)

A. The county administrative officer shall appoint five attorneys-at-law as county hearing officers (hereafter, individually referred to as "hearing officer"), who shall each satisfy the requirements of section 2.81.050, herein.

B. A vacancy in any one of the five hearing officer positions shall be filled in the same manner in which the position that has become vacant was filled, and the person appointed to such vacancy shall serve the remainder of the unexpired term of the person who left office or was removed from office.

C. A hearing officer may be an independent contractor, or part-time or full-time employee of the county. A hearing officer shall provide no services to the county other than those of a hearing officer.

D. The county administrative officer is authorized to execute employment agreements with individuals chosen to serve as hearing officers on behalf of the county.

(Ord. No. 17-020, § 1, 10-31-2017)

A. A hearing officer shall have the qualifications stated in California Government Code Section 27724.

B. A hearing officer shall maintain an active license to practice law in the state of California continuously during his or her term of office.

C. Failure by a hearing officer to satisfy the requirements of section 2.81.050.B following his or her appointment shall automatically revoke a hearing officer's appointment to serve. A hearing officer shall immediately notify the county administrative officer of his or her failure to satisfy the requirements of section 2.81.050.B.

(Ord. No. 17-020, § 1, 10-31-2017)

The term of office of each hearing officer shall be four years and shall commence on the day of his or her appointment, provided that each hearing officer shall continue to serve until his or her successor has been duly appointed and qualified. A hearing officer who is in the process of hearing a matter when the hearing officer's term expires, however, shall continue to discharge the duties as a hearing officer for the matter until the matter is completed. A hearing officer may be appointed to successive terms.

(Ord. No. 17-020, § 1, 10-31-2017)

A. A hearing officer is subject to disqualification for bias, prejudice, or interest in a proceeding. A hearing officer shall voluntarily disqualify himself or herself and withdraw from any case in which there are grounds for disqualification.

B. It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the presiding officer:

1. Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group.

2. Has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding.

3. Has, as a lawyer or public official, participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is in issue in the proceeding.

(Ord. No. 17-020, § 1, 10-31-2017)

When any provision of the Ordinance Code, any resolution of the board of supervisors or any policy of a county department provides that an appeal from an administrative action by a county officer or department shall be assigned to a hearing officer appointed under this chapter, the hearing officer shall have the authority to conduct a hearing, receive evidence, administer oaths, rule on the admissibility of evidence and upon questions of law, and any other powers or duties authorized by law. The hearing officer's authority on a particular matter, however, may be limited by the applicable Ordinance Code. Quasi-legislative matters referred to the hearing officer for decision retain their quasi-legislative nature and nothing in the appeal or decision of such matter shall be subject to county ordinances, rules or state law governing quasi-judicial hearings or appeals. The hearing officer shall render a written decision, including any findings or conclusions of law required for the decision and submit the decision to the clerk to the board supervisors who shall promptly mail a copy to all parties along with a proof of service.

(Ord. No. 17-020, § 1, 10-31-2017)

Oral evidence shall be taken by the hearing officer only upon oath or affirmation during the hearing. Each party shall have the following rights during a hearing:

1. To call and examine witnesses;

2. To introduce exhibits;

3. To cross-examine opposing witnesses on any matter relevant to the issues whether or not the matter was elicited or discussed during direct examination;

4. To impeach witnesses regardless of which party first called them to testify; and

5. To rebut unfavorable or negative evidence.

The hearing officer is authorized to control the scope of evidence and the parties' means to obtain evidence in a particular hearing. The hearing officer may direct any party to produce documentary or other evidence in that party's control if reasonably necessary to the determination of the matter pending before the hearing officer and may consider any refusal or failure to produce such evidence in rendering a decision. If the party against whom the agency is proceeding does not testify on his or her own behalf, that party may be called and examined or cross-examined.

The hearing need not be conducted according to technical rules relating to evidence or witnesses, except as provided in this chapter. 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 that 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 objections in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

(Ord. No. 17-020, § 1, 10-31-2017)

A hearing officer shall cause an audio recording of the hearing to be made. Any party at his or her own expense may provide for the taking of testimony by a qualified stenographic reporter.

(Ord. No. 17-020, § 1, 10-31-2017)

Except when otherwise prescribed by statute, the actual costs of preparing the record of proceedings shall be borne by the person requesting the record. No written request for a record of proceedings shall be deemed filed with the county unless and until such person has deposited with the county the estimated costs of preparation thereof as determined by the officer responsible for such preparation, with the difference, if any, from actual costs to be refunded at the time of delivery of the record.

Upon payment of the requisite fees to the responsible enforcement agency, that agency shall prepare a duplicate audio recording of the proceedings, a copy of any documentary evidence admitted at the hearing and any pleadings, notice, order, recommended order, final order or other paper relating to the case. The cost of preparing the record may be waived for individuals who meet the qualifications of a fee waiver in the superior court of this state.

(Ord. No. 17-020, § 1, 10-31-2017)

The board of supervisors by ordinance or resolution may adopt rules of procedure governing the conduct of hearings.

(Ord. No. 17-020, § 1, 10-31-2017)

A. Staff to the office of the county hearing officer are county staff as designated by the county administrative officer.

B. The duties of staff to the office of the county hearing officer are administrative only, which may include but are not limited to calendaring hearings; coordinating the designation of hearing officers for hearings, including the designation of hearing officer panels as required by statute or by ordinance or resolution of the board; reserving hearing rooms; maintaining recording equipment and other equipment needed for hearings, and setting up and operating such equipment as needed; administering oaths to witnesses in hearings; maintaining documents necessary for the operation of the office of the county hearing officer; receiving and sending notices and other documents as may be required for proceedings within the duties of the office of the county hearing officer; and other administrative tasks as may be required by statute, by ordinance or resolution of the board, or by internal policies and procedures that are established by the county administrative officer and not in conflict with applicable statute, ordinance, or resolution.

C. Staff to the office of the county hearing officer shall not take part in, and shall not perform any research or investigation to aid any hearing officer in, the decision of any matter before the office of the county hearing officer for hearing.

(Ord. No. 19-006, § 1, 1-29-2019)

A. Staff to the office of the county hearing officer are county staff as designated by the county administrative officer.

B. The duties of staff to the office of the county hearing officer are administrative only, which may include but are not limited to calendaring hearings; coordinating the designation of hearing officers for hearings, including the designation of hearing officer panels as required by statute or by ordinance or resolution of the board; reserving hearing rooms; maintaining recording equipment and other equipment needed for hearings, and setting up and operating such equipment as needed; administering oaths to witnesses in hearings; maintaining documents necessary for the operation of the office of the county hearing officer; receiving and sending notices and other documents as may be required for proceedings within the duties of the office of the county hearing officer; and other administrative tasks as may be required by statute, by ordinance or resolution of the board, or by internal policies and procedures that are established by the county administrative officer and not in conflict with applicable statute, ordinance, or resolution.

C. Staff to the office of the county hearing officer shall not take part in, and shall not perform any research or investigation to aid any hearing officer in, the decision of any matter before the office of the county hearing officer for hearing.

(Ord. No. 19-006, § 1, 1-29-2019)