3B Public Hearing 2008 0707 - Laserfiche WebLink

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.1 `~J (C} The hearing shall be held at an agency office, The agency shall mail to the claimant a written notice of the time and place of the hearing no less than five days prior to the h®aring. (p) Hearings conducted pursuant to This chapter shall be conducted before a Hearing Officer designated by the COUNTY. All hearings shall be electronic tape- recorded. Hearings need not be conducted according to the Callfornla Code of Evidence. Hearsay evidence may be us®d for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction In this state. Any relevant evidence shall be admitted if It Is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which mighC make improper the admission of such evidence over objection In civil actions in courts of compel®nt jurisdiction in this state. Irrelevant and unduly repetitious ev{dence shall b® excluded The parties shall equally bear the expense of the Hearing Officer and the cost of the hearing. Each party shall bear its own expense. (E) At the hearing, the COUNTY has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the PERMITTEE. 6.114.380 APPEAI.5 Tho PERMITTEE may file a written app®al with the Board of Supervisors within ten (10}days of receipt of the issuanc® of the COUNTY'S written decision by certified mail. A copy of the written appeal must also be served to the COUNTY either in person or by certified reium receipt mail within ten (10) days of receipt of the issuance of the COUNTY's written decision by certified mall. Appeals will be heard at a regularly scheduled Board of Supervisors meeting. The Board of Supervisor's decision shall be final, 6.114.390 EMERGENCY ACTION Tho COUNTY may reduce the period of time for compliance under a suspension or revocation notice to no less thantwenty-four (24) hours and set the matter for hearing immediately upon expiration of the period when the COUNTY makes written preliminary findings that such action is necessary to protect the public health, safety and welfare. When, as a result of such an emergency proceeding, a permit is suspended or revoked, the PEF7MfTTEE may request an additional hearing at which the PERMITTEE will have the burden of establishing renewed compliance justifying reinstatement of the permit. Such additional hearings will be commenced within five (5) days of the Pi;RMITTEE's request. The request for, or the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order. 6.114.400 DECISION At the conclusion of the hearings, the Hearing Officer or the Board shall promptly prepare a written determination of the issues presented and the proposed findings. A copy of the decision shall be served on the parties by certified return receipt mall. Service of the decision shall be deemed complete at the time deposited in the mail. 22