Part 2 — HEARING PROCEDURES

The person who is the subject of the regulatory action must file a request for regulatory action hearing within the time provided in Section 16.34.060. The request for regulatory action hearing must set forth all of the specific grounds for the request for a regulatory action hearing and deny or admit each of the factual allegations in the notice of regulatory action. Any allegation of fact in the notice of regulatory action that is not specifically denied is deemed admitted.

(Ord. 28517.)

A.

Regulatory action hearings against licensees, except stock ownership licensees, shall be conducted by a hearing officer appointed by the Chief of Police having a rank of a Deputy Chief of Police or a civilian City Employee with an equivalent civilian position.

B.

Regulatory action hearings against Cardroom Permittees and stock ownership licensees shall be conducted by a retired judge of the State of California selected in accordance with the procedure set forth in Subsection C.

C.

The City Attorney shall nominate not less than three (3) retired judges of the State of California. The Cardroom Permittee or Stock Ownership Licensee shall thereafter select one (1) of those nominees by filing a written notice with the City Attorney no more than five (5) Business Days after being notified by the City Attorney of the nominations.

(Ords. 28517, 30616.)

Where a request for regulatory action hearing has been filed, a hearing shall be conducted as soon as reasonably possible.

(Ord. 28517.)

A.

The hearing officer shall provide the licensee or Cardroom Permittee with written notice of the day, time, and place of the regulatory action hearing not less than twenty Business Days prior to the date of the hearing.

B.

The hearing officer may grant deferrals of the opening of the regulatory action hearing and such continuances of the hearing, once begun, for good cause. Deferrals and continuances shall also be granted upon agreement of the city attorney and the licensee or permittee.

(Ords. 28517, 30616.)

The regulatory action hearing shall be conducted in accordance with the provisions of Chapter 16.36.

(Ord. 28517.)

A.

After considering the Administrator's notice of regulatory action, the testimony and evidence presented at the regulatory action hearing, and any argument the City or the person who is subject to the regulatory action may provide orally or submit in writing, the hearing officer shall issue a written statement of decision.

B.

The City must prove at least one (1) of the reasons for regulatory action by a preponderance of the evidence presented at the regulatory action hearing in order for the hearing officer to confirm or modify the regulatory action.

C.

The hearing officer may modify the regulatory action by reducing or increasing the severity of the regulatory action if he or she finds that the Administrator's determination of the mitigating or aggravating factors, as applicable, was not supported by a preponderance of the evidence presented at the regulatory action hearing.

D.

The hearing officer shall serve or cause to be served a written statement of decision upon the person who is the subject of the regulatory action and the City within forty-five (45) Business Days of the close of the hearing.

E.

The statement of decision shall contain a notice setting out the provisions contained in Section 1.16.010 of this Code.

(Ords. 28517, 30616.)

A.

The decision of the hearing officer shall be final.

B.

A writ of mandate to challenge a hearing officer's decision may be sought by either the city or person who is subject to the regulatory action, and may include a challenge to the award of costs.

(Ord. 28517.)

A.

If the grounds for the regulatory action is sustained or the cease and desist order is upheld, the hearing officer may order the person who is the subject to the regulatory action to pay the city's reasonable costs of investigation and prosecution of the case, including the attorneys' fees incurred by the city up to the date of the hearing.

B.

The city will file a bill itemizing the costs, including the attorneys' fees, within thirty calendar days after the hearing officer issues the statement of decision.

C.

Within fourteen days after the service of the city's costs bill, the person who is the subject of the hearing, may apply to the hearing officer for a reduction of the costs. In determining the costs, the hearing officer may take into consideration the person who is the subject of the hearing's good faith belief in his or her position; their ability to pay; and whether the city's investigation is proportionate to the misconduct charged. If there is no request for a reduction, the costs will be due and payable within fourteen calendar days after the service of the bill.

D.

The costs shall be a civil debt of the cardroom permittee and the person who is the subject of the hearing where the cardroom permittee and/or its related licensees are the subject of the hearing. The costs shall be a civil debt of the funding source and the person who is the subject of the hearing in the case of a hearing where the funding source licensee and/or its related licensees are the subject of the hearing.

E.

There shall be joint and several liability for payment of the debt:

Between the cardroom permittee and the related licensee who is the subject of the hearing, or

The funding source licensee and the related licensee who is the subject of the hearing.

(Ord. 28517.)