San Diego County Municipal Code Ch. 1 Appellate Hearing Board

This chapter establishes an Appellate Hearing Board to hear appeals from designated decisions by County departments. This chapter only applies when this code authorizes an appeal to the Appellate Hearing Board, or state law authorizes an appeal to a local appeals board or a housing appeals board. In the event other sections of this code contained within other chapters specify procedures for processing and hearing an appeal applicable to those chapters, those specific procedures shall apply and Sections 16.103-16.106 shall not apply.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18)

(a) Pursuant to section 27721 of the California Government Code, the "Appellate Hearing Board" shall be a County hearing officer appointed pursuant to sections 650 et seq. of the County Administrative Code, or where authorized, are appointed by the director of the department initiating the enforcement action. For purposes of section 17920.5 and 17920.6 of the California Health and Safety Code, "local appeals board" and "housing appeals board" shall have the same meaning as "Appellate Hearing Board".

(b) An "appellate hearing officer" shall be a County hearing officer assigned to hear an appeal under this chapter.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18)

The Clerk of the Board of Supervisors shall, after receiving notice of an appeal, promptly assign the matter to a hearing officer by selecting a hearing officer on a rotating basis from the list of appointed hearing officers. The hearing officer shall schedule the hearing within 30 days of being assigned to hear a matter and send the County department whose decision is being appealed and the appellant notice of the hearing at least 21 days before the hearing, which states:

(a) The date, time and location of the hearing,

(b) The hearing will not be continued except for good cause,

(c) The appellant may present evidence and witnesses at the hearing,

(d) The appellant may be represented by counsel, at appellant's expense,

(e) All requests for witness subpoenas must be submitted to the hearing officer 14 days before the hearing,

(f) If the appellant does not appear at the hearing and complete the hearing the appeal will be denied and the decision by the County department will be upheld.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) The hearing officer is authorized to issue subpoenas and conduct the hearing, including administering oaths, rule on the admissibility of evidence and other legal issues that might occur at the hearing.

(b) The hearing officer does not have the authority to determine that any section of this code or any other County Ordinance is void, vague, unconstitutional, unenforceable or preempted by State Law unless an appellate court has previously made that determination.

(c) The hearing officer shall determine whether the County department's decision should be sustained, modified or overruled.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) Every witness before testifying shall take an oath or make an affirmation.

(b) The County department whose decision is being appealed shall present evidence that explains why the license or permit appellant applied was denied or why appellant's existing license or permit should be suspended or revoked.

(c) The appellant shall present evidence that supports appellant’s contention that the County department's determination to deny the license or permit or to suspend or revoke the license or permit is erroneous.

(d) Each party shall have the right to: call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues, impeach any witness regardless of which party first called the witness to testify and rebut the evidence against the party. The County department may call and examine the appellant or any employee or agent of the appellant as a witness during the department's case in chief or during the department's rebuttal case. The hearing officer may examine the appellant or any of the appellant's employees or agents as if under cross-examination.

(e) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines that it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.

(f) The hearing shall be conducted in English. If the appellant or any of appellant's witnesses require an interpreter, one will be provided by the County as provided by Board Policy A-139. The appellant shall be responsible to provide a State certified interpreter at appellant's expense for any language not covered by Board Policy A-139.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. No. 10818 (N.S.), effective 1-12-23)

(a) The hearing officer shall issue a written decision within five days after the hearing.

(b) The hearing officer may uphold, overturn or modify the decision appealed from.

(c) The decision shall specify the hearing officer's findings of facts and reasons for the decision.

(d) The hearing officer shall file the decision with the Clerk of the Board, who shall be responsible to provide it to the County department involved and serve it on the appellant pursuant to section 11.112.

(e) The hearing officer's decision shall be final 10 days after it is served on the appellant.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 9925 (N.S.), effective 4-11-08)