Rocklin Municipal Code Art. III Hearings

Any person issued a notice of violation or stop order, and who wishes to contest the violation or stop order may request a hearing by filing a request for hearing within ten calendar days of the date of the service of the notice of violation or stop order.

Any person issued an administrative citation, and who wishes to contest the violation or the proposed sanction may request a hearing by filing a request for hearing within thirty calendar days of the date of the service of the administrative citation.

(Ord. No. 1090, § 5, 3-13-2018)

Any stop order issued pursuant to Section 1.14.022 shall remain in effect until the time of the hearing and any subsequent judicial review. Any additional compliance obligations that may be imposed as the result of a notice to correct, stop order or administrative citation shall also be stayed if a timely request for hearing is filed and until a final decision after the hearing is completed unless an emergency situation affecting the safety or preservation of life or property exists. The enforcement authority shall provide written justification for invoking an emergency situation exception under this section to the responsible person within twenty-four hours of taking action to correct the emergency situation.

(Ord. No. 1090, § 5, 3-13-2018)

The request for hearing shall be filed with the city clerk on a form provided by the city clerk and shall include reference to the notice which is being appealed, shall state all of the grounds for the appeal, and shall be accompanied by payment of: (1) an advance deposit of the fine set forth in the citation; or (2) if no sanctions are issued, a hearing fee which may be established by resolution of the city council. The city clerk shall not accept any request for hearing unless it is accompanied by the required advance deposit for the fine, unless a hardship waiver has been granted by the city manager or his or her designee. If the city clerk determines that the request for a hearing is untimely, the city clerk shall advise the responsible person of that determination in writing and shall mail a notice of denial of hearing based on untimely appeal to the responsible person by first class mail. The responsible person shall then have the right to judicial review of that determination as provided for in Sections 1.14.060 through 1.14.062 of this chapter. Upon a showing of good cause for the delay in filing a request for hearing, the city clerk may refer the issue of the right to an appeal to an administrative hearing officer pursuant to the procedures set forth in this chapter. The hearing officer shall determine whether there was good cause for the delay in filing the request for hearing before proceeding to the merits of the appeal.

(Ord. No. 1090, § 5, 3-13-2018)

Persons issued a notice of violation or administrative citation under this chapter are encouraged to meet with the enforcement authority and/or the appropriate department head or his/her designee prior to requesting a hearing to seek resolution of the matter. Such a meeting may be requested before or after the request of hearing is filed, but a request for the meeting shall not extend the time for filing the request for hearing.

(Ord. No. 1090, § 5, 3-13-2018)

The hearing shall be held within forty-five calendar days of the filing of a request for hearing unless both parties agree to a postponement of the hearing or the hearing officer rules that there is good cause to postpone the hearing. After the hearing has started, it may be continued with the consent of all parties or upon a showing of good cause for such continuance.

(Ord. No. 1090, § 5, 3-13-2018)

The city clerk shall mail by first class mail to all parties written notice of the time and place of the hearing at least ten calendar days prior to the date set for the hearing. Such notice shall also include a description of the rights of the parties in the hearing. Hearings shall be conducted in the city.

(Ord. No. 1090, § 5, 3-13-2018)

The city manager or his or her designee shall appoint an impartial hearing officer for each hearing, who may not be an employee of the city. The person appointed to conduct the hearing shall not have had any personal involvement in the case to be heard.

(Ord. No. 1090, § 5, 3-13-2018)

The hearing officer shall have no communications with any party, any city employee or official, or any potential witness concerning the substance of the case. Having such communications outside the presence of a party may be grounds for disqualification of the hearing officer from conducting the hearing. All communications concerning the case between the hearing officer and any person shall be revealed to the parties in the matter.

(Ord. No. 1090, § 5, 3-13-2018)

The parties to a hearing shall have the following rights:

A. Timely and adequate notice of the time and place of the hearing, their rights during the hearing, and the issues that are to be the subject of the hearing;

B. The right to present evidence and witnesses;

C. The right to present argument;

D. The right to be represented. The representative need not be an attorney;

E. The right to open disclosure of all evidence presented to the hearing officer in the case, subject to redaction of information regarding complainants;

F. The right to confront and cross-examine adverse witnesses;

G. The right to subpoena witnesses or documents;

H. The right to a decision based upon the evidence in the record of the hearing;

I. The right to an impartial hearing officer;

J. The right to a written decision setting forth the reasons for the decision and the evidence relied upon.

(Ord. No. 1090, § 5, 3-13-2018)

The hearing shall be informal and the hearing officer will have an affirmative obligation to seek the truth concerning the issues at the hearing. The hearing officer may ask questions of any witness and may establish the procedure for the presentation of evidence. The hearing officer may, on his or her own motion, call or subpoena a witness. The hearing officer may order the exclusion of a witness during the testimony of other witnesses.

(Ord. No. 1090, § 5, 3-13-2018)

All testimony shall be given under oath. Hearing officers have the authority to administer such oaths.

(Ord. No. 1090, § 5, 3-13-2018)

All facts must be established by a preponderance of the evidence. The enforcement authority will have the burden to prove that a violation occurred and that the proposed sanction is appropriate. The enforcement authority shall be required to present its case first.

(Ord. No. 1090, § 5, 3-13-2018)

The rules of evidence adopted by state or federal law shall not apply. All relevant evidence shall be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

(Ord. No. 1090, § 5, 3-13-2018)

The hearing officer shall have the authority to issue subpoenas (order to appear and give testimony) and subpoenas duces tecum (order to produce document(s) or paper(s)). The hearing officer may only issue subpoenas and subpoenas duces tecum upon a showing of reasonable necessity by the requesting party.

(Ord. No. 1090, § 5, 3-13-2018)

The hearing officer shall prepare and forward to the parties a written decision within thirty calendar days of the close of the hearing. The decision shall be mailed by first class mail. If the hearing officer grants the appeal, the hearing officer shall have the discretion to order the refund of the fee charged to the responsible person for the appeal.

(Ord. No. 1090, § 5, 3-13-2018)