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A. The Hearing Officer shall conduct an informal and orderly proceeding. The technical rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded. Evidence on which persons commonly would rely on in the conduct of their business affairs shall be accepted. All evidence shall be received only on oath or affirmation.

B. During the Hearing, the General Manager, or his/her/their designee, and/or Enforcement Officer shall present information or testimony relating to the violation and the appropriate means of correcting the violation. The Responsible Party(ies), owner(s), or any other interested person(s) may present testimony or other evidence concerning the violation and the means and time frame necessary for correction.

C. Each party shall have the right to:

1. Call and examine witnesses on any matter relevant to the issues of the Hearing;

2. Introduce documentary and physical evidence relevant to the issues of the Hearing;

3. Cross-examine opposing witnesses on any matter relevant to the issues of the Hearing;

4. Impeach any witness regardless of which party first called the witness to testify;

5. Rebut the evidence;

6. Be represented by anyone who is lawfully permitted to do so; and

7. Provide an interpreter, at his/her/their own expense, to translate the proceeding, if the party is not proficient in the English language.

D. The Hearing Officer shall direct the order of the proceedings. The hearing shall be tape recorded. The parties, at their sole expense, may have the Hearing recorded by a certified shorthand reporter.

E. The Hearing Officer shall have the authority to grant continuances, from time to time, for good cause shown, upon request of the District, Responsible Party, or the Hearing Officer’s own motion.

F. If the violation is related to real property in the District, the Hearing Officer may, upon reasonable notice and consent, inspect the property prior to, during, or after the Administrative Hearing. The Responsible Party shall have the right to be present at the inspection.

G. The Hearing Officer may take official notice, either during the hearing, or after submission of the matter for decision, of any fact which may be judicially noticed by the courts of this state or of official records, regulations, rules, and decisions of state and local agencies, boards and departments and of City and County ordinances. In addition, the Hearing Officer may take official notice of matters in its own files and of prior proceedings under this Chapter involving the same issues. If applicable, the Hearing Officer may also take official notice of any generally accepted technical or scientific matter within the Hearing Officer’s expertise. The Hearing Officer shall inform the parties at the hearing on the record, referred to therein, or appended thereto all matters to be noticed. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority.

H. At the conclusion of the Hearing, the Hearing Officer may sustain the Citation, not sustain the Citation, may reduce, waive, or conditionally reduce the fine stated in the Citation. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding fine, or continue the Hearing, as necessary.

I. The decision of the Hearing Officer shall be in writing and issued within thirty (30) days of the conclusion of the Hearing. The decision shall be served upon the Responsible Party in the manner as the notice of hearing was served on the Responsible Party and is effective upon the date of service. The decision of the hearing officer regarding any appeal is the FINAL ADMINISTRATIVE ORDER AND DECISION. There are NO APPEALS TO THE BOARD OF DIRECTORS. Judicial review may be had only in accordance with the provisions of California Government Code 53069.4. The decision shall contain a statement advising of the right to judicial review, and shall be substantially in the following form:

The decision of the Hearing Officer is the final decision of the District. You have the right to seek judicial review of the decision pursuant to and in accordance with Government Code 53069.4 by filing an appeal with the Superior Court, County of Fresno. The time to file an appeal is within twenty (20) days after service of this final administrative decision. These are your only rights to judicial review. If you fail to file an appeal within the prescribed time, you may be barred from seeking judicial review.

J. The time to pay a fine following the Hearing Officer’s final Administrative Decision is twenty (20) calendar days after service of the decision unless the Hearing Officer provides for a longer time. [Ord. 2022-2 § 4, 2022; Ord. 2014-1 § 5, 2014.]