(a) At the time and place of the hearing, the hearing officer shall hear the testimony of, and accept evidence from the following: the legal owner of the property or park owner or operator, the cited person or their respective representative, and any other person with information or testimony relevant to the final notice to abate. The testimony shall be limited to the violations identified in the cited unit, structure, or property. Prior to the hearing, the enforcement agency shall provide all evidence supporting the abatement action to the hearing officer. If requested by the hearing officer, the appellant also may provide written information prior to the hearing, concurrent with a copy to the enforcement agency's representative identified by the hearing officer.(b) The hearing shall provide the appellant with the opportunity to be heard by the hearing officer designated by the enforcement agency and to show cause why the notice of violation should be modified or withdrawn.(1) The appellant shall be entitled to call witnesses to testify at the hearing.(2) The appellant shall be entitled to be represented by legal counsel at the hearing.(3) The hearing officer shall regulate the course of the proceeding.(4) The hearing officer: shall permit the parties and may permit others to offer written or oral comments on the issues; may limit the use of witnesses, testimony, evidence, and argument; and may limit or eliminate the use of pleadings, intervention, discovery, prehearing conferences and rebuttal, as required pursuant to Government Code sections 11445.10 and 11445.40.(c) If the appellant does not appear at the hearing, the enforcement agency shall have the authority to proceed immediately with administrative or judicial action to secure compliance or abatement.(d) Within ten (10) working days after the conclusion of the hearing, the hearing officer shall provide a final order to the appellant, in the form of a written decision. The final order shall:
(1) sustain, modify, or withdraw the notice of violation, and(2) shall clearly state the enforcement agency's findings upon which the final order is based. The decision shall be mailed by first class mail to all parties to the hearing. If the decision sustains or modifies the final notice to abate, the hearing officer may establish new dates and compliance schedules.
(e) At the discretion of the hearing officer, the enforcement agency shall post a copy of the written decision in a conspicuous place on the property or unit.Cal. Code Regs. Tit. 25, § 2757
1. New section filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7). Note: Authority cited: Sections 18865 and 18868, Health and Safety Code. Reference: Sections 18866.3, 18866.4, 18867, 18868, 18870.14 and 18871.10, Health and Safety Code.
1. New section filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).