Los Angeles Municipal Code Div. 3 Hearing Procedure

Section 102.02 Hearings Procedure. 102.03 Hearing on Revocation or Suspension of Permit – Initiation by Accusation. 102.04 Service of Accusation. 102.05 Notice of Defense. 102.06 Amendment of Accusation. 102.07 Notice of Hearing. 102.08 Time and Place of Hearing. 102.09 Subpoenas. 102.10 Evidence. 102.11 Official Notice. 102.12 Amendment of Accusation After Submission. 102.13 Method of Decision in Contested Cases. 102.13.01 Method of Decision – Referral to Police Permit Review Panel. 102.14 Form of Decision – Findings – Copies to Parties. 102.15 Effective Date of Decision. 102.16 Defaults and Uncontested Cases. 102.17 Reconsideration. 102.18 Preparation of Record. 102.19 Settlement of Accusations.

(a) Hearing Examiners. The Board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings provided by this article.

(b) Conduct of Hearing. The Board or the hearing examiner hearing the case shall exercise all powers relating to the conduct of the hearings.

(c) Reporting. The proceedings at the hearing shall be reported by a phonographic reporter.

(d) Continuances. The Board or hearing examiner may grant continuances at any stage of the proceedings.

(e) Oaths Certification. In any proceedings under this article, the Board, any board member, the Secretary of the Board, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.

(f) Service by Mail – Time of Taking Effect. Wherever service by mail is authorized by this article, such service shall be effective on the date of mailing if a letter containing the required papers or notice is mailed, postage prepaid, addressed to the applicant or permittee at the latest address on file with the Board.

A hearing to determine whether a permit should be revoked, suspended limited, or conditioned shall be initiated by filing an accusation. The accusation shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged, to the end that the respondent will be able to prepare their defense. It shall specify the statutes and rules which the respondent is alleged to have violated but shall not consist merely of charges phrased in the language of such statutes and rules. The accusation shall be verified unless made by a public officer acting in their official capacity or by a duly appointed representative of the Board. The verification may be on information and belief.

Upon the filing of an accusation the Board shall serve a copy thereof on the respondent.

(a) Method of Service. The accusation may be served on the respondent by the following means:

1. Personally, or

2. By Certified mail. (Amended by Ord. No. 116,065, Eff. 7/2/60.)

(b) Proof of Service, Time of Taking Effect. Service may be proved in the manner authorized in civil actions. Service by certified mail shall be elective on the date of mailing if a certified letter containing the accusation is mailed, postage prepaid, and addressed to the respondent at the latest address on file with the Board. (Amended by Ord. No. 116,065, Eff. 7/2/60.)

(c) Appearance – Objections to Service Waived. Where a respondent files a notice of defense or otherwise appears in a proceeding, all objections to the validity of service shall be deemed waived.

(d) Form of Accusation. The copy of the accusation shall include or be accompanied by a statement that respondent may request a hearing by filing a notice of defense as provided in Sec. 102.05 within 10 days after service upon the respondent of the accusation, and that failure to do so will constitute a waiver of the respondent’s right to a hearing. The Board shall include with the accusation a post card or other form entitled, “Notice of Defense,” which when signed by or on behalf of the respondent and returned to the Board, will acknowledge service of the accusation and constitute a notice of defense under Sec. 102.05.

(a) Time of Filing. Within 10 days after service upon the respondent of the accusation the respondent may file with the Board one or more notices of defense in which the respondent may:

1. Request a hearing;

2. Object to the accusation upon the ground that it does not state acts or omissions upon which the Board may proceed;

3. Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent can not identify the transaction or prepare their defense;

4. Admit the accusation in whole or in part.

(b) Failure to File – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within 10 days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of respondent’s rights to a hearing, but the Board in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived.

(c) Written Notice of Defense. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It need not be verified or follow any particular form.

At any time before the matter is submitted for decision the Board or hearing examiner may file or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges the Board shall afford respondent a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted, and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record.

The Board shall deliver or mail a notice of hearing to all parties at least five days prior to the hearing. The hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The respondent may file a written waiver of time and request an immediate hearing.

(a) Notice of Hearing – Form. The notice to respondent shall be substantially in the following form but may include other information:

You are hereby notified that a hearing will be held before the (Board or name of hearing examiner) at _______ on the ________day of __19, at the hour of _______upon the charges made in the accusation served upon you. You may be present at the hearing, may be but need not be represented by council, may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to the (Board or name of hearing examiner).

The Board shall determine the time and place of hearing.

(a) Authority of Board. The Board or hearing examiner is authorized and empowered to summon witnesses for hearings by requesting the City Clerk, pursuant to Charter Section 217 (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.) to issue subpoenas requiring the attendance of such witnesses at a time and place specified.

(b) Affidavit Required. The Board, any Board member, the Secretary of the Board, or the hearing examiner may summon witnesses for hearings at the request of any party to a proceeding under this article. A party to a proceeding under this article desiring the issuance of a subpoena shall make a written request for the subpoena accompanied by an affidavit specifying the name and address of the proposed witness and setting forth in full detail the materiality of the witness’s testimony. If the party seeks a subpoena duces tecum, the affidavit shall specify in addition the exact matters or things desired to be produced, and set forth in full detail the materiality thereof to the issues involved in the case, and state that the witness has the desired matters or things in their possession or under their control.

(c) Penalties.

1. Ignoring Subpoena. It is a misdemeanor to willfully ignore a subpoena or subpoena duces tecum issued pursuant to this article.

2. Refusal to Testify. It is a misdemeanor for any person present at any hearing in obedience to a subpoena or otherwise to willfully refuse to be sworn or willfully refuse to answer any material or proper

question directed to the person by the Board or hearing examiner.

Hearings need not be conducted according to technical rules relating to evidence and witnesses.

(a) Oral Evidence – Oath. Oral evidence shall be taken only on oath or affirmation.

(b) Rights of Parties. Each party shall have these rights:

1. To call and examine witnesses;

2. To introduce exhibits;

3. To cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence against them.

(c) Failure of respondent to Testify. If respondent does not testify in their own behalf the respondent may be called and examined as if under cross-examination.

(d) Test of Relevancy. 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 such evidence over objection in civil actions.

(e) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(f) Privilege. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil action.

(g) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

In reaching a decision official notice may be taken, either before or after submission of the case for decision of any fact which may be judicially noticed by the courts of the State.

(a) Parties to be Notified – Record. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.

(b) Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence, or by written or oral presentation of authority, the

manner of such refutation to be determined by the Board or the hearing examiner.

The Board or hearing examiner may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that the party will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence in the party’s behalf. If such prejudice is shown, the Board or hearing examiner shall reopen the case to permit the introduction of additional evidence.

The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penalty, if any. The findings may be stated in the language of the pleadings or by reference thereto. Copies of the decision shall be delivered to the respondents personally or sent to them by registered mail.

The decision shall become effective 15 days after it is delivered or mailed to respondent unless a reconsideration is ordered within that time, or the Board orders that the decision shall become effective sooner, or a stay of execution is granted.

If the respondent fails to file a notice of defense or fails to appear at the hearing, the Board may take action based upon the respondent’s express admissions or upon other evidence, and affidavits may be used as evidence without any notice to respondent; and where the burden of proof is on the respondent to establish that the respondent is entitled to the Board action sought, the Board may act without taking evidence. Nothing herein shall be construed to deprive the respondent of the right to make any showing by way of mitigation. (Amended by Ord. No. 158,410, Eff. 11/27/83.)

The Board may order a reconsideration of all or part of the case on its own motion or on petition of any party. The power to order a reconsideration shall expire 15 days after the delivery or mailing of a decision to respondent, or on the date set by the Board as the effective date of the decision if such date occurs prior to the expiration of the 15-day period. If no action is taken on a petition within the time allowed for ordering reconsideration the petition shall be deemed denied.

(a) Procedure on Reconsideration. The case may be reconsidered by the Board on all the pertinent parts of the record and such additional evidence and argument as may be permitted, or may be assigned to a

hearing examiner. A reconsideration assigned to a hearing examiner shall be subject to the procedure provided in Sec. 102.13. If oral evidence is introduced before the Board, no Board member may vote unless the Board member heard the evidence or has read the transcript of the proceedings held in that Board member’s absence.

(Amended by Ord. No. 157,033, Eff. 9/27/82.)

(a) Request for Record. A party to any proceedings under this article who is seeking review of Board action, either before the Board or in a court of law, may file a request for a complete record or designated portions of the records of proceedings. The complete record or portions thereof shall be prepared by the Board and shall be delivered to such party within 30 days after such request. The request shall be accompanied by a deposit to cover the expense of preparation and certification thereof.

(b) Preparation of Transcript. In the event any proceedings under this article is reported by City personnel a transcript of such proceeding may be obtained by any party or any interested person. The cost for such transcript shall be $5.50 per page or fraction thereof for the first copy thereof. As used herein the term “interested person” means a person, though not a party, as determined by the Board 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 recognized as such by the Board.

Notwithstanding any other provisions of this article, the Board may enter into a stipulated settlement with a permittee served with an accusation as provided in Section 102.04 of this article. Such stipulation shall include an express waiver of the permittee’s hearing rights and a concise statement of the penalty to be imposed for the alleged misconduct. After the permittee or the permittee’s legal representative has agreed to and signed the stipulated settlement, it shall be presented to the Board for approval. If the Board approves, the penalty shall immediately take effect and no further proceedings otherwise required by the provisions of this article shall be deemed necessary. If the proposed settlement is disapproved by the Board, the permittee shall be so notified and shall at the same time be notified as to a hearing date pursuant to the provisions of Section 102.05 and 102.07 of this Code. (Added by Ord. No. 152,042, Eff. 4/14/79.)