Los Angeles Municipal Code Ch. 3.1 Appeals and Protests

(Former Chapter 3 Redesignated Chapter 3.1 by Ord. No. 173,269, Eff. 6-25-00, Oper. 7-1-00.)

Article 1 General Provisions 2 Procedure 3 Fee Schedules for Transcripts

ARTICLE 1

GENERAL PROVISIONS

Section

Under such procedure as the City Council shall prescribe by ordinance:

(a) Each Board may appoint one or more examiners, or may designate one or more of its members to serve as examiners, whenever, under the Charter or by any law, a right of appeal or protest to such Board is given; or where it is required to conduct any investigation or hearing;

(b) Each Board may direct such an examiner to consider any such appeal or protest or to conduct any such investigation or hearing, and to submit a report, giving the examiner’s conclusions and recommendations in writing, and stating briefly the examiner’s reasons therefor;

(c) Each Board may adopt, reject or modify the report of any examiner in whole or in part, or may reconsider the matter in whole or in part;

(d) Each examiner shall have power to administer oaths and require the City Clerk to issue subpoenas;

(e) Failure to appear or testify in response to any subpoena or to produce any item under subpoena duces tecum shall be punished as a misdemeanor, including those subpoenas issued as provided in Sections 44 and 63 of the Charter;

(f) With the exception of subpoenas of the City Ethics Commission, the City Clerk shall cause these subpoenas to issue under the

seal of the City and the Chief of Police shall cause these subpoenas to be served;

(g) Reference to an examiner shall not extend or curtail the time within which the action of any Board must be taken, as required by the Charter, any other law, or by ordinance.

SECTION HISTORY

Based on Charter, Sec. 89. Amended by: Subsec. (f), Ord. No. 173,269, Eff. 6-25-00, Oper. 7-1-00.

For the purposes of this chapter the following definitions are adopted:

1. “City” means the City of Los Angeles.

2. “Board” means any board provided for in the Charter.

3. “Committee” means one or more examiners appointed by a board, under Section 217 of the Charter, to submit a report to such board.

4. “Chairperson” means the examiner designated by a board to be the chairperson of a committee.

5. “Proceeding” includes all the things done in connection with a matter which is referred to an examiner or committee.

6. “Person” includes a person, firm, corporation, and officer, board, or department of the City.

7. “Party” means a person upon whose appeal, protest or application, or against or directly affecting whom any action is proposed to be taken or withheld by a board after the submission of a report to such board by an examiner or committee. 8. “Interested person” means a person who, though not a party, is determined by the board or the examiner or chairperson to have a special interest in a proceeding and to be privileged to appear therein. No person shall be deemed to be an interested person unless the person is recognized as such by an order of the board or of the examiner or chairperson.

   SECTION HISTORY

   Based on Ord. No. 95,338. Amended by: Definitions 2. And 3., Ord. No. 173,269, Eff. 6-25-00, Oper. 7-1-00.

The provisions of this chapter shall not apply to appeals or protests to the City Planning Commission, or investigations or hearings required to be conducted by it.

SECTION HISTORY

Based on Ord. No. 95,338.