Ventura Municipal Code Art. 3 Administrative Review and Hearing

A covered employee or covered employer dissatisfied with the conclusions of the city representative may contest that decision by requesting an administrative hearing. The covered employee or covered employer must request an administrative hearing within 15 days after the date the city served the covered employee and covered employer, hereafter referred as appellant, with notice of the city representative’s decision. Requests must be submitted in writing to the city clerk’s office by 5:00 p.m. on the date due. (Ord. No. 2006-010, § 1, 6-5-06)

After receiving a timely hearing request, the city clerk will set an administrative hearing on a date not less than 15, nor more than 60, days from the date the hearing is requested, before an independent hearing officer designated by the city clerk. Written notice of the date, time, and location of the administrative hearing will be provided to the parties at least 15 days prior to the hearing date. (Ord. No. 2006-010, § 1, 6-5-06)

A. Evidentiary Rules. Both the appellant and the city shall have the opportunity to testify and present evidence concerning the case. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced shall not be limited to any legal rules of evidence save and except for the rule that it be relevant and material to the issues of whether the alleged violation occurred and whether the person(s) noticed was responsible for the violation.

B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the appellant may request that the hearing officer decide the matter based on the documentary evidence submitted by the appellant or the city prior to the hearing date.

C. Failure to Appear at Hearing. Failure of an appellant to appear at the hearing shall be deemed a waiver of the right to be personally present at the hearing. The hearing officer shall then decide the matter based upon the documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the city.

D. Attendance of City Representative. The city representative who conducted the investigation may, but is not required to, attend the administrative hearing. If the city representative does not attend, the city representative may, prior to the hearing date, submit reports or other documentation regarding the violation to the hearing officer for consideration at the hearing.

E. Continuation of Hearing. The hearing officer may continue any hearing and request additional information from the city or the appellant prior to issuing a written decision. (Ord. No. 2006-010, § 1, 6-5-06)

A. The hearing officer must issue a written decision to uphold or set aside the city representative’s initial findings and notice of violation, and must present the reasons for the decision.

B. The city clerk will send a copy of the hearing officer’s decision to the appellant with notice of the appellant’s entitlement to appeal the decision in superior court.

C. The hearing officer’s decision is the city’s final action on the matter. The decision will be final as of the date of the decision. (Ord. No. 2006-010, § 1, 6-5-06)