Santa Clara County Municipal Code Div. A38 Office of the County Hearing Officer

Footnotes:

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Editor's note— Sec. 32 of Ord. No. NS-300.967, adopted November 15, 2022, amended Div. A38 in its entirety to read as herein set out. Former Div. A38 pertained to the same subject matter, and derived from Ord. No. NS-300.841, adopted June 7, 2011; and Ord. No. NS-300.900, adopted August 30, 2016.

This Division establishes the Office of the County Hearing Officer ("Office"), pursuant to Government Code section 27720 et seq., located within the Office of the County Executive and staffed by a panel of attorneys (Panel) as chosen by the County Executive.

(Ord. No. NS-300.967, § 32, 11-15-22)

(a) The County Executive is authorized to enter into contracts for the services of attorneys, administrative law judges, or mediators selected for the Panel. For purposes of this Division, any attorney, administrative law judge, or mediator selected for the Panel shall be a "Hearing Officer."

(b) The Panel shall consist of between six and 12 Hearing Officers.

(c) Each Hearing Officer shall serve a term of up to three years after selection, subject to reselection at the sole discretion of the County Executive, effective after expiration of the term.

(Ord. No. NS-300.967, § 32, 11-15-22)

(a) Any Hearing Officer selected pursuant to this Division must be an attorney-at-law admitted to practice before the courts of this State, with at least five years' experience before selection as a Hearing Officer.

(b) An applicant for selection to the position of Hearing Officer shall submit proof of qualification as set forth in this Section.

(c) No Hearing Officer shall knowingly participate in a hearing under this Division in which they are either a party to the proceeding or have an interest in the subject matter of the proceeding of such a nature that it could reasonably be expected to influence the impartiality of their judgment in the proceeding. The selection, evaluation, and compensation of the Hearing Officer shall not be directly or indirectly conditioned upon the number of violations or the number and/or amount of fines upheld by the Hearing Officer.

(Ord. No. NS-300.967, § 32, 11-15-22)

(a) 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 the Board of Supervisors or by any County board, agency, commission, or committee, and the State law, local ordinance, or local rule does not prohibit assignment of this function to another body, the County Executive may assign the Office to select a Hearing Officer to conduct such hearings.

(b) If a Hearing Officer is selected to conduct any hearing, they shall have the authority to conduct the hearing, issue subpoenas, receive evidence, administer oaths, rule on the admissibility of evidence and upon questions of law, and prepare records of proceedings. Unless otherwise specified in this Code, the Hearing Officer's decision shall be based on a preponderance of the evidence.

(c) If any question or dispute arises regarding the authority and duties of the Office, this Section shall be construed liberally to confer on the Office the broadest possible authority to conduct hearings for the County and for County boards, agencies, commissions, and/or committees.

(Ord. No. NS-300.967, § 32, 11-15-22)

(a) A Hearing Officer shall not hear a matter pursuant to this Division when it is established as provided in this section that they are prejudiced against a party or attorney or the interest of a party or attorney in the matter.

(b) A party to, or an attorney representing a party in, a matter pursuant to this Division may establish this prejudice by submitting a written notice to the Office supported by an affidavit or declaration under penalty of perjury that the Hearing Officer before whom the matter is pending, or to whom it is assigned, is prejudiced against a party or attorney, or an interest of the party or attorney, so that the party or attorney cannot, or believes that they cannot, have a fair and impartial hearing before the Hearing Officer.

(c) The written notice must be submitted to the Office at least two calendar days prior to the hearing.

(d) A party may submit the written notice to the Office under this Section without providing prior notice the other parties. However, the party submitting such a notice shall notify all parties to the proceeding no later than one calendar day after submitting the notice to the Office.

(e) A notice under this Section may be made following reversal on appeal of a Hearing Officer's decision if the Hearing Officer in the prior proceeding is assigned to conduct a new hearing on the matter. Notwithstanding subsection (f), the party who filed the appeal that resulted in the reversal of a decision of a Hearing Officer may submit a notice under this Section regardless of whether that party or side has previously done so. The notice shall be made by the earlier of ten days after the party or the party's attorney has been notified of the assignment or 48 hours prior to the new hearing.

(f) If the written notice is duly presented, and the affidavit or declaration under penalty of perjury is duly filed, thereupon and without any further act or proof, the Office shall assign another Hearing Officer to hear the matter as promptly as possible. Except as provided in this Section, no party or attorney shall be permitted to submit more than one such written notice in any one matter pursuant to this Section. In matters where there may be more than one appealing party, only one written notice for each side may be submitted in any one matter.

(g) Unless required for the convenience of the Office or unless good cause is shown, a continuance of the hearing shall not be granted by reason of the submission of a written notice under this Section. If a continuance is granted, the hearing shall be continued from day to day or for other limited periods and shall be reassigned or transferred for hearing as promptly as possible.

(Ord. No. NS-300.967, § 32, 11-15-22)

The Hearing 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 Board for distribution to the body or department on whose behalf the hearing was held.

(Ord. No. NS-300.967, § 32, 11-15-22)

The provisions of this Division 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. No. NS-300.967, § 32, 11-15-22)

An appeal from the final administrative decision of the Office shall be to the Superior Court of California, County of Santa Clara, in accordance with all applicable laws and rules, including the provisions of California Code of Civil Procedure Section 1094.6 and/or Government Code Section 53069.4.

(Ord. No. NS-300.967, § 32, 11-15-22)