Chapter 16.36

UNIFORM ADMINISTRATIVE HEARING PROCEDURES

Sections:

• 16.36.020 Conduct of administrative hearing.

• 16.36.030 Record of administrative hearing.

• 16.36.040 Failure to appear.

• A. The procedures set forth in this chapter shall govern the conduct of the following administrative hearings:

  1. The licensing hearing held pursuant to Chapter 16.32;

  2. The regulatory action hearing and cease and desist order hearing held pursuant to Chapter 16.34.

• B. For purposes of this chapter, the "Presiding Official" means the following persons:

  1. The chief of police who presides at licensing hearings; or

  2. The hearing officer who presides at regulatory action hearings and cease and desist order hearings.

• C. For purposes of this chapter, the "person who is the subject of the administrative hearing" means the following persons:

  1. A cardroom permittee for purposes of the regulatory action hearing held pursuant to Chapter 16.34;

  2. A licensee for purposes of the regulatory action hearing held pursuant to Chapter 16.34;

  3. A licensee or the cardroom permittee, depending on who is the subject of the cease and desist order, for cease and desist order hearings held pursuant to Chapter 16.34.

• (Ord. 28517.)

• A. The administrative hearing shall be conducted as follows:

  1. Oral evidence shall be taken only on oath or affirmation.

  2. Both the city and the person who is the subject of the administrative hearing shall have the following rights:

     • a. The right to call and examine witnesses.

     • b. The right to introduce exhibits relevant to the issues of the case.

     • c. The right to cross-examine opposing witnesses on matters relevant to the issues, even though the matter was not covered on direct examination.

     • d. The right to impeach any witness, regardless of which party first called the witness to testify.

• e. The right to offer rebuttal evidence.

• B. Technical rules relating to evidence and witnesses shall not apply. Any relevant evidence which is not unduly repetitious, including hearsay evidence, may be admitted into the record and considered, and is sufficient in itself to support a finding, 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 that might make improper the admission of that evidence over objection in a civil action.

• C. Judicial notice may be taken of any generally accepted information or technical or scientific matter in the field of gambling, and any other fact which may be judicially noticed by the courts of the State of California.

• D. Not less than ten days prior to the administrative hearing, the city and the person who is the subject of the administrative hearing shall:

  1. Exchange documents, reports, videotapes, witness lists, and any other evidence that will be relied upon in the administrative hearing;

T16:53

SAN JOSÉ CODE

§ 16.36.020

2. Provide the presiding official with a copy of the evidence that has been exchanged; and

3. Exchange and file with the presiding official hearing briefs and such additional materials as the presiding official may require.

• E. The presiding official shall rule on all evidentiary issues.

• F. There shall be no discovery except for that authorized in Subsection D.

• G. The person who is the subject of the administrative hearing is entitled to be represented at the administrative hearing by any person. The representative need not be an attorney.

• H. The parties are authorized to rely upon transcripts of testimony, documentary, and other evidence accepted into evidence in the administrative hearing to the extent deemed appropriate by the presiding official.

• I. The presiding official shall have the authority to control the conduct of the administrative proceeding, including the ability to limit testimony and the admissibility of evidence that is unduly repetitious or make any other rulings or place other limitations on the administrative hearing that he or she deems to be in the interests of judicial economy.

person's representative to appear at the administrative hearing without good cause shall be deemed a waiver of the hearing. The person who failed to appear has the burden of demonstrating good cause for his or her absence. The presiding official shall determine whether good cause exists for the failure to appear. If no good cause exists for the absence, the presiding official shall issue a decision against the person who is the subject of the administrative hearing, which decision shall become final and take effect immediately upon service on the person who is the subject of the administrative hearing. (Ord. 28517.)