Hughson Municipal Code Art. V Appeals Board

A. The planning commission, set forth in HMC § 2.12.010 et seq., shall act as the appeals board for administrative hearings under this code. The appeals board shall be qualified by experience or training to conduct the hearing and shall be selected in accordance with HMC § 2.12.010 et seq.

B. The employment, performance evaluation, compensation and benefits of the appeals board shall not be directly nor indirectly conditioned upon the amount of administrative citation fines upheld by the appeals board.

(Formerly 1.17.170; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 16, 2018)

The appeals board has the authority to conduct and direct administrative hearings and to make findings, and issue administrative orders which are legally binding on both the city and the appellant/respondent.

The appeals board may:

A. Maintain authority over the case as necessary to ensure resolution and due process;

B. Require the posting of a performance bond or some other equivalent means of guarantee that compliance will occur, if necessary;

C. Administer oaths;

D. Conduct prehearing conferences to deal with such matters as exploration of a settlement, preparation of stipulations, clarification of issues, and other issues; and

E. Upon the request of a party to the hearing, subpoena both witnesses and documents.

(Formerly 1.17.180; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 16, 2018)

Any person designated to serve as an appeals board member is subject to disqualification for bias, prejudice, interest, or for any other reasons for which a judge may be disqualified from presiding in a court of law.

(Formerly 1.17.190; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 16, 2018)

A. Any party may petition the city to disqualify a designated appeals board member after receipt of a notice indicating the identities of the appeals board members or discovering facts which establish grounds for a disqualification. The petition must be filed immediately with the city clerk upon discovery of such facts.

B. The city manager or city attorney shall determine whether to grant the petition for disqualification. A written statement of the facts and reasons for the determination shall be incorporated into the administrative record for the hearing.

C. If a substitute appeals board member is required due to disqualification or unavailability, a substitute shall be appointed by the city manager or city attorney in accordance with these rules and regulations.

(Formerly 1.17.200; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 16, 2018)