Chapter 2.13 — COUNTY HEARING OFFICER

(a)

In accordance with the applicable provisions of the Government Code, there is established the office of County Hearing Officer, to be located within the office of the County Manager and to be staffed by a panel of attorneys at law chosen by the County Manager as he or she deems necessary.

(b)

On behalf of the County of San Mateo, the County Manager is authorized to enter into contracts for the services of attorneys selected for the County Hearing Officer panel.

(c)

Any person acting as a County Hearing Officer or any deputy or assistant hearing officer, shall be an attorney at law having been admitted to practice before the courts of the State of California for at least five (5) years prior to selection.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

(a)

The County Hearing Officers shall conduct such hearings for the County or any board, commission or committee as are assigned by the County Manager.

(b)

When a state law, local ordinance, or local rule provides that a hearing be held or that findings of fact or conclusions of law be made by any County board, agency, commission or committee, a County Hearing Officer is authorized to conduct such hearing if so assigned by the County Manager. The assigned Hearing Officer is further authorized to issue subpoenas; to receive evidence; to administer oaths; to rule on questions of law and the admissibility of evidence; and to prepare a record of proceedings.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

(a)

If the Hearing Officer is authorized by any law to decide a matter upon which a hearing has been held, the officer shall render a written decision, including any findings or conclusions required for that decision, and submit the decision and the record to the clerk of the body on whose behalf the hearing was held.

(b)

If the Hearing Officer is not authorized to decide a matter upon which a hearing has been held, the officer shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the clerk of the local body on whose behalf the hearing was held. The local body may reject the recommendation and enter its own findings, conclusions, and decision after a review of the record.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Any other local public entity may contract with the County to employ the services of a County Hearing Officer. Reimbursement to the County for the services of a County Hearing Officer shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the County in providing the service including compensation, benefits, overhead, and any travel expense. The County Manager shall have authority to execute any such contract.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

The provisions of this chapter provide an alternative to, and do not supersede, any other provisions of law including other provisions of this code, providing for any matter to be heard or determined by a hearing officer.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)