Los Angeles Municipal Code Div. 3 Procedural Rules for the Conduct of Hearings

Section 98.0301 Purpose. 98.0302 General Provisions. 98.0303 Accusation re Suspension or Revocation of Licenses or Permits. 98.0304 Notice of Defense to Accusation. 98.0305 Notice of Hearing on Accusation. 98.0306 Amendment of Accusation after Submission. 98.0307 Subpoenas. 98.0308 Evidence. 98.0309 Official Notices. 98.0310 Method of Decision in Contested Cases. 98.0311 Defaults and Uncontested Cases. 98.0312 Reconsideration.

(Amended by Ord. No. 139,419, Eff. 11/30/69.)

It is the purpose of this division to establish certain procedural requirements for the conduct of hearings by the Superintendent, the Board, boards of examiners, and hearing examiners.

(a) Hearing Examiners. The Board or the Superintendent may appoint one or more hearing examiners or the Board may designate one or more of its members to serve as hearing examiners to conduct hearings. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

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

(c) Reporting. The proceedings at the hearing shall be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the prescribed fee therefor.

(d) Continuances. The Board or the Superintendent may grant continuances; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the hearing examiner for good cause shown so long as the matter remains before the hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(e) Oaths – Certification. In any proceedings under this article, the Superintendent, the Board, any board member, any examining board, the Secretary of the Board or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(f) Reasonable Dispatch. The Superintendent, the Board, or the hearing examiner shall proceed with reasonable dispatch to conclude any matter being heard. Due regard shall be shown for the convenience and

necessity of any parties or their representatives. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(g) Time and Place of Hearing. The Superintendent or the Board shall determine the time and place of hearing. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(h) Attendance of City Attorney. The City Attorney, upon the request of the Superintendent or the Board, may assign one of the City Attorney’s deputies or assistants to attend any hearing, and to give advice on any and all legal matters pertaining to the proceeding. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(i) Maintenance of Order. The Superintendent, the Board or examiner shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, may expel anyone who disturbs the hearing, and may secure the aid of the Police Department for such purposes. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(a) Contents. Whenever a hearing is required or available by this Code to determine whether a license as defined herein should be revoked suspended, limited or conditioned, such hearing shall be initiated by filing an accusation. The accusation shall be verified unless made by a public officer acting in their official capacity or by a duly appointed representative of the Department. The verification may be on information and belief. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Service. Upon the filing of an accusation, the Superintendent shall serve a copy thereof on the respondent. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(c) Method of Service. The accusation may be served on the respondent personally or by registered or certified mail.

(d) Proof of Service – Time of Taking Effect. Service by registered mail shall be effective on the date of mailing, if a registered letter containing the accusation is mailed, postage prepaid, addressed to the respondent at the latest address on file with the Department, or as known by the City Clerk. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(e) 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.

(f) Instructions With 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 hereinafter within ten 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. A postcard or other form, entitled “Notice of Defense,” shall be included with the accusation, which, when signed by or on behalf of the respondent and returned to the Department, will acknowledge service of the accusation and constitute a notice of defense as provided for hereinafter. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(a) Form and Purpose. Within ten days after service upon the respondent of the accusation, the respondent may file one or more notices of defense in which the respondent may: request a hearing; object to the accusation upon the ground that it does not state acts or omissions upon which the Department may proceed; object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare their defense; admit the accusation in whole or in part. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Failure to File Notice of Defense – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within ten 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 right to a hearing, but the Department, in its discretion, may nevertheless conduct a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(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 must be verified but need not follow any particular form.

(d) Amendment of Accusation. At any time before the matter is submitted for decision, the Board, Superintendent or hearing examiner may order 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 respondent shall be afforded 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. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(a) Service. The notice of hearing shall be delivered or mailed to all parties at least five days prior to the hearing. The date of 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. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Form. The notice to respondent shall be substantially in the following form, but may include other information: (Amended by Ord. No. 185,587, Eff. 7/16/18.)

You are hereby notified that a hearing will be held before (the Board, Superintendent of Building or name of hearing examiner) at _______________ on the ____ day of __________ 20 ___, at the ______ hour of ____, upon the charges made in the accusation served upon you. You may be present at the hearing; you may, but need not, be represented by counsel; you 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 filing an affidavit therefor with (Board, Superintendent of Building or name of hearing examiner).

(Amended by Ord. No. 139,419, Eff. 11/30/69.)

The Board, Superintendent 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, Superintendent or hearing examiner shall reopen the case to permit the introduction of additional evidence.

(a) Filing of Affidavit. The Board, Superintendent or examiner may obtain the issuance and service of a subpoena for the attendance of a witness or the production of other evidence at a hearing or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in their possession or under their control. A subpoena need not be issued when the affidavit is defective in any particular. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Cases Referred to Examiner or Committee. In cases where a hearing is referred to an examiner or committee of examiners, all subpoenas shall be obtained through the examiner or chairperson of the committee.

(c) The City Clerk shall issue all such subpoenas upon demand of the Board, Superintendent or examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(d) Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence in their possession or under their control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor.

(a) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

(b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

(c) 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 in courts of competent jurisdiction.

(d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type 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) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

(f) 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;

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

5. To rebut the evidence against them;

6. To represent themself or be represented by anyone of their choice.

(g) 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.

(h) Testimony at Direction of Board, Superintendent or Examiner. The Board, Superintendent or examiner may direct any person present to testify in a hearing whether or not such person was subpoenaed to testify. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(i) Penalty for Failure to Testify at Hearing. Any person who is present at any hearing either in obedience to a subpoena or otherwise, and who willfully refuses to be sworn or to answer any material or proper

question when directed by the Board, Superintendent or an examiner shall be guilty of a misdemeanor. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(a) What May be Noticed. 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 this State or of official records of the Board or Department, ordinances of the City of Los Angeles, or rules and regulations of the Department. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Parties to be Notified. 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.

(c) 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, Superintendent or hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(a) Hearing Before Board Itself. Where a contested case, originally heard before the Board or an examiner or examiners for said Board, is heard before the Board itself, no member thereof who did not hear the evidence or has not read the record or proceedings shall vote on the decision. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Hearing Before Examiner. If a contested case is heard by a hearing examiner alone, the hearing examiner shall, within a reasonable time, submit a written report to the Board as to matters within its jurisdiction, otherwise, to the Superintendent. Such report shall contain a brief summary of the evidence considered and state the examiner’s findings, conclusions and recommendations. The report shall contain a proposed decision, in such form that it may be adopted by the Board or the Superintendent as the decision in the case. All examiner’s reports shall be filed by the Department as a public record. A copy of each proposed decision so filed shall then be mailed to each party. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(c) Consideration of Report by Board or the Superintendent Notice. The Board or the Superintendent shall fix a time to consider the examiner’s report. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(d) Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner’s report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the Board or the Superintendent, any party may present oral argument at the time of consideration of the examiner’s report. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(e) Disposition by the Board or Superintendent. The Board or the Superintendent may adopt or reject the proposed decision in its entirety, or may increase or reduce the proposed penalty, if any, and may adopt the balance of the proposed decision of the hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(f) Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Subsection (e), the Board or the Superintendent may decide the case upon the record, including the transcript, either in whole or in part, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is so assigned to another hearing examiner, the hearing examiner shall prepare a report and proposed decision as provided in Subsection (b) hereof upon any additional evidence submitted, the transcript of the previous hearing, and other papers which are part of record of the prior hearing. Consideration of such proposed decision by the Board or said Superintendent shall comply with the provisions of this section. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(g) Form of Decision. 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 accusation or charges, or by reference thereto, or may be stated in the terms of the applicable rule, regulation or statute ordinance, a copy of the decision shall be delivered to the respondent personally or sent to the respondent by registered mail.

(h) Effective Date of Decision. The effective date of the decision shall be stated therein.

If the respondent files a notice of defense admitting all parts of the accusation, or fails to file a notice of defense or fails to appear at the hearing, the Superintendent may take action based on the respondent’s express admissions or upon other evidence, including official reports, except that where the burden of proof is on the respondent to establish that the respondent is entitled to the action sought, the Superintendent 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. 139,419, Eff. 11/30/69.)

(a) Time Limit. The Board, as to matters within its jurisdiction, or the Superintendent may order a reconsideration of all or part of the case on their own motion, or on petition of any party. The power to order a

reconsideration shall expire five days after the effective date of the decision. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Procedure on Reconsideration. The case may be reconsidered on all the pertinent parts of the record and on 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 LAMC Section 98.0310. If oral evidence is introduced before the Board as to matters within its jurisdiction, no Board member may vote unless the Board member heard the evidence or read the transcript of the proceedings heard in that Board member’s absence. (Amended by Ord. No. 185,587, Eff. 7/16/18.)