San Diego County Municipal Code Ch. 5 Permit Suspension

SEC. 610.501. PERMIT SUSPENSION OR REVOCATION.¶

In the event that any person holding a permit issued pursuant to this Division shall violate or cause or permit to be violated any of the provisions of this Division, or any provisions of any other ordinance or law relating to air ambulance, ambulance, critical care, or non-emergency transportation services, or for any reason for which the permit application could have been denied, the Permit Officer may suspend or revoke the permit after the permittee has been given the opportunity for a hearing as provided for in Section 610.502.

The Permit Officer shall post for a period of ten days the name and business address of any permittee receiving a notice of suspension or revocation along with the fact that any interested member of the general public can submit information regarding the proposed suspension or revocation. Such information shall be submitted in writing and shall be delivered to the office of the Permit Officer within five days of the last day of posting. The names and business addresses shall be posted in the office of the Permit Officer.

(Added by Ord. No. 8192 (N.S.), effective 2-4-93; amended by Ord. No. 8787 (N.S.), effective 4-29-97; amended by Ord. No. 9668 (N.S.), effective 8-14-04; amended by Ord. No. 10274 (N.S.), effective 8-29-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

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SEC. 610.502. HEARINGS -- PERMIT OFFICER.¶

In any case where the Permit Officer determines that a permit issued pursuant to this Division should be suspended or revoked, the Permit Officer shall prepare a written notice of suspension or revocation, which includes a statement of the proposed action, a concise explanation of the reasons for the proposed action, the statutory basis relied upon for such action, and an explanation of the permittee's right to request a hearing from the Permit Officer. Such notice shall be sent by certified mail to the permittee's last address provided in the application or be personally delivered, at least ten days prior to the effective date of such action. If within five days after receipt of such mailing or delivery the permittee or an authorized representative requests in writing a hearing from the Permit Officer, the Permit Officer shall set a hearing and shall set forth in writing and send to the permittee by means of certified mail or hand delivery, notice of the time, date, and place of such hearing. The hearing shall be held not more than 30 days from the date of receipt of said request for hearing. The hearing shall be conducted by a person designated by the Permit Officer. The person designated as Hearing Officer shall not have been connected in any manner in the decision to take the proposed action which is the subject of such hearing. No hearings shall be continued except upon hearing good cause.

The hearing shall be conducted to determine the existence of any facts which constitute grounds for the suspension or revocation of the permit. The permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the permittee or counsel representing the permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the suspension or revocation of the permit shall be considered unrefuted. The decision of the Hearing Officer shall be based solely on the evidence presented at the hearing. Upon conclusion of the hearing, the Hearing Officer may give a verbal decision; provided, however, that in the discretion of the Hearing Officer, the decision may be delayed and given in writing within five days. In any case where a verbal decision is given at the close of the hearing, the Hearing Officer shall confirm the decision in writing within five days. The written decision shall set forth the findings of fact and the reasons for the decision and a copy mailed to the permittee or an authorized representative. The decision of the Hearing Officer shall be posted in the office of the Permit Officer for a period of five days along with the available procedures for appeal. A hearing held under this section or the failure of the permittee to request such a hearing or to appear at the scheduled time for such hearing in no way deprives the permittee of the right to appeal as provided for in Section 610.505 of this chapter.

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SEC. 610.503. STAY OF SUSPENSION OR REVOCATION.¶

The effect of a decision of the Hearing Officer to suspend or revoke a permit shall be stayed while an appeal to the Board of Supervisors is pending or until the time for filing such appeal has expired. There shall be no stay of the effect of the decision of the Hearing Officer upholding the denial of any permit.

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SEC. 610.504. EXCEPTION TO HEARING PROCEDURE.¶

When, in the opinion of the Permit Officer, there is a clear and immediate threat to the safety and protection of the public, the Permit Officer may suspend a permit without a hearing. The Permit Officer shall prepare a written notice of suspension, which includes a statement of the action; the statutory basis relied upon for such action, and an explanation of the permittee's right to request a hearing from the Permit Officer. Such notice shall be either sent by certified mail to the permittee's last address provided in the application or be personally delivered. The permittee may request a hearing from the Permit Officer within five days of receipt of notification that the permit has been suspended. The Permit Officer shall notify the permittee of the time and place of such hearing and the hearing shall be conducted in the manner prescribed in Section 610.402 of this chapter. The hearing shall be held not more than 15 days from the date of receipt of said request for hearing. Following the hearing the permittee affected may appeal the decision in the manner prescribed in Section 610.405 of this chapter. The decision shall not be stayed while such hearing or appeal is pending.

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SEC. 610.505. APPEAL.¶

Within ten days after receipt of the decision of the Hearing Officer any permittee affected by the decision may appeal such decision by filing with the Clerk of the Board of Supervisors a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

Upon receipt of such written appeal, the Clerk of the Board of Supervisors shall assign the appeal to a Hearing Officer selected by the Clerk on a rotating basis from a list of qualified Hearing Officers approved by the Board of Supervisors. The Hearing Officer so assigned shall schedule a date for hearing within ten days after the date of assignment of the appeal by the Clerk. The hearing shall be held not more than 30 days from time of assignment by the Clerk to the Hearing Officer. At least ten days prior to the date of the hearing on the appeal the Clerk shall notify the appellant and the Permit Officer of the date and place of the hearing. The Clerk of the Board shall also have posted in the office of the Permit Officer the time and place set for the appeal for a period of five days prior to the date of such appeal. The Hearing Officer is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the Permit Officer and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the Permit Officer. The Hearing Officer shall receive evidence and shall rule on the admissibility of evidence and on questions of law. At the hearing any person may present evidence in opposition to, or in support of, appellant's case.

At the conclusion of the hearing, the Hearing Officer may uphold the denial, suspension, revocation or other decision of the Permit Officer, or the Hearing Officer may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other Permit Officer's decision, which is subject of the appeal. The Hearing Officer shall, within five days of the announcement of a decision, file with the Clerk of the Board of Supervisors written findings of fact and conclusions of law and the decision. The decision of the Hearing Officer is final when filed with the Clerk.

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SEC. 610.506. EVIDENCE.¶

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

(b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against the party. If respondent does not testify in his own behalf, the respondent may be called and examined as if under cross-examination.

(c) The hearing need not be conducted according to technical rules relating to evidence and witnesses. 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, 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. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded.

(d) The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not proficiently speak the English language shall provide an interpreter, approved by the Hearing Officer conducting the proceedings as proficient in the English language and the language in which the witness will testify, to serve as interpreter during the hearing. The cost of the interpreter shall be paid by the party providing the interpreter. The Board of Supervisors may compile and publish a list of interpreters known to be proficient in various languages. Any person whose name appears upon such list shall be deemed to be approved by the Hearing Officer hearing the case.

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