Chapter 1.06
HEARING OFFICER
Sections:
1.06.020 Selection of hearing officer.
1.06.030 Consolidation of hearings.
1.06.050 Hearing officer decision.
1.06.060 Right to judicial review.
1.06.010 Hearing officer.
In any case where a hearing before the city council or any board or commission is required by this code or city council resolution, as an alternative the city council may designate a hearing officer, or a board or commission may recommend to the city council that a hearing officer be designated, to conduct a hearing to take evidence, direct preparation of a transcript and submit proposed findings and recommendations in a form suitable for adoption on any appeal or on any matter including, but not limited to, the issuance, denial, revocation or modification of any permit or license. The city council or the board or commission may adopt the proposed findings and recommendations as its decision or may take any other action that is supported by substantial evidence in the record. (Ord. 900 Sec. 1, 2008)
1.06.020 Selection of hearing officer.
A. Once the city council has decided to engage the services of a hearing officer, the city manager will obtain between five and nine names of prospective hearing officers consisting of members of the American Arbitration Association or another recognized judicial arbitration organization or, alternatively, the parties may mutually agree on the selection of a hearing officer. If the parties are unable to agree on the selection of a hearing officer, the utilization of the American Arbitration Association or another recognized judicial arbitration organization shall be within the discretion of the city.
B. Each party will have the opportunity to alternatively strike a name from the list of prospective hearing officers until only one name remains. (Ord. 900 Sec. 1, 2008)
1.06.030 Consolidation of hearings.
The hearing officer may be directed to consolidate hearings on two or more appeals, decisions or determinations that involve the same or similar subject matter and the same potentially affected party. (Ord. 900 Sec. 1, 2008)
1.06.040 Hearing procedure.
A. A hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the hearing officer is selected. Both parties shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.
B. The hearing officer shall conduct the hearing pursuant to the rules for administrative hearings of the American Arbitration Association.
C. Both parties shall be given the opportunity to testify and present witnesses and evidence.
D. The project file and any additional documents submitted by the city manager or designee shall constitute prima facie evidence of the respective facts contained in those documents.
E. At least 10 days prior to the hearing, parties subject to the action shall be provided with copies of the citations, reports and other documents submitted or relied upon by the city manager or designee. No other discovery is permitted. Formal rules of evidence shall not apply.
F. The hearing officer may continue the hearing and request additional information from either party prior to issuing a written decision. (Ord. 900 Sec. 1, 2008)
1.06.050 Hearing officer decision.
A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within 10 days of the hearing and shall list in the decision the reasons for that decision. The body on whose behalf the hearing officer has rendered the decision may adopt the proposed findings and recommendations as its decision or may take any other action that is supported by substantial evidence in the record.
B. Both parties shall be served with a copy of the hearing officer’s written decision.
C. Either party may avail itself of the appeal process contained in the applicable provisions of the code. (Ord. 900 Sec. 1, 2008)
1.06.060 Right to judicial review.
Any person aggrieved by a decision of a hearing officer may obtain review of the decision by filing a petition for review with the Riverside County consolidated courts in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4. (Ord. 900 Sec. 1, 2008)