1. Upon receipt of a valid request for hearing regarding a suspension or revocation of a regulatory permit, a hearing shall be set for a date that is not less than five (5) days from the date of mailing of the notice of hearing. The notice of hearing shall state the date, time and place of the hearing and direct the appellant and other responsible parties to appear and show cause why the proposed action should not be imposed. The notice of the hearing shall be sent by first class mail postage prepaid, return receipt requested.

2. The Hearing Officer may, in their discretion, grant or deny a continuance of the hearing date upon a request by the appellant or the City and a showing of good cause.

1. If the appellant or their representative fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the Hearing Officer shall find the appellant in default, and shall issue a written notice to that effect. A default under this subsection shall constitute a waiver of any right to challenge the proposed action. A default under this section shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Hearing Officer at the request of the appellant upon a showing of good cause for failing to appear at the administrative hearing.

2. An appellant who has requested an administrative hearing to challenge the proposed action may request in writing that their challenge be withdrawn, and the hearing cancelled. Upon receipt of a request to withdraw a challenge, the City shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal shall constitute a waiver of any right to challenge the proposed action. A withdrawal shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies.

1. A Hearing Officer shall preside at the hearing and hear all facts and testimony presented and deemed relevant. The hearing is informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the City. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

2. The Hearing Officer shall only consider evidence that is relevant to whether there is cause, as defined in Section 5-25.040i, for the suspension or revocation. The City bears the burden of proof at an administrative hearing. The Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues.

3. The notice of suspension or revocation documents submitted by the City shall be accepted by the Administrative Hearing Officer as prima facie evidence of the respective facts contained in those documents.

4. Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of his or her case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Administrative Hearing Officer. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Hearing Officer.

5. The Hearing Officer may continue the hearing as necessary. The decision of the Hearing Officer shall be final upon adoption of an order containing its determination.

6. The Hearing Officer’s decision shall include that an aggrieved party may file a petition for review with the California Superior Court, County of Lake, pursuant to California Government Code Section 53069.4. The failure of a responsible party to appear at the administrative hearing shall be deemed a failure to exhaust administrative remedies.

1. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall, within fifteen (15) days thereafter, render a decision in writing. The decision rendered is not exclusive and does not preclude or foreclose the City Attorney’s Office from pursuing any and all other remedies provided by law.

2. The notice shall include the reasons for the decision and be served by first-class mail, postage prepaid, on the appellant at the address he or she provided in the request for hearing.