Mendocino County Municipal Code Ch. 10.26 Administrative Hearings

The purpose of this Chapter is to provide a process for the hearings required pursuant to the terms of Title 10 of the Mendocino County Code. The procedures set out in this Chapter shall be used for all hearings required under this Title.

(Ord. No. 4421, 12-18-2018)

(A) When a hearing is required pursuant to any provision of Title 10 of this Code, the Sheriff or Animal Shelter Director shall immediately set a time, date, and place for a hearing. Said hearing shall be held not less than five (5), nor more than ten (10) days after the filing of the Notice of Appeal, Petition or other request for hearing is filed, unless otherwise agreed upon by the parties. Notice of such hearing shall be given to the appellant in writing at the address shown in the Notice of Appeal. Hearings held pursuant to this Title shall be presided over by a hearing officer appointed by the County. The Sheriff or Animal Shelter Director shall coordinate with County Counsel to appoint and maintain at least one Hearing Officer to the extent possible. In the event that a Hearing Officer is unavailable, the duty to hear the appeal shall remain with the Sheriff or Animal Shelter Director.

(B) At the time, date and place set for said hearing the aggrieved licensee, permittee or petitioner may appear in person and testify as to any matters relevant to the proceedings. The Sheriff's Office or Animal Care Services shall present all evidence, oral and documentary, justifying license or permit denial, cancellation or revocation. Technical rules of evidence shall not apply to said proceedings, and the Hearing Officer may hear and consider any evidence it deems relevant and upon which reasonable people would be likely to rely in the consideration of matters of a serious nature. The decision of the Hearing Officer shall be supported by the preponderance of the evidence presented. Upon conclusion of the hearing, the Hearing Officer shall determine whether to sustain or overrule the license or permit denial, cancellation or revocation action of the Animal Control Officer or Hearing Officer's decision is final.

(Ord. No. 4421, 12-18-2018)