5.13.130 Administrative review and appeals.
(1) Administrative Review.
(a) The department shall review and evaluate applications pursuant to this chapter and issue a notice of decision in accordance with its procedures and guidelines.
(b) The department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.
(2) Appeal. Any party dissatisfied by the department’s final decision pursuant to this chapter may request an appeal of the department’s decision to a hearing officer, unless otherwise prohibited by this chapter. The department’s administrative record shall be reviewable by the hearing officer.
(3) Time Limit. A party must file an appeal in writing before the department within 30 days of the department’s final decision. The hearing officer shall have no authority to consider matters not filed within 30 days of the department’s final decision.
(4) Filing of Appeals. An appeal shall be filed with the department, on the prescribed form, along with any accompanying appeal fee, and shall state specifically the basis of the appeal.
(5) Procedures for Appeals.
(a) Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than 15 days and no later than 60 days after receipt of the request for appeal and proof of service, unless the hearing officer determines that good cause exists for an extension of time. Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing. Within five calendar days of receipt of the notice of hearing, the appealing party shall deliver a copy of the notice to each affected tenant or landlord, as applicable, via personal service or certified mail return receipt requested.
(b) Public Hearing. The appeal hearing shall be conducted as a hearing open to the public. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the department, and any other interested party. The hearing officer may continue the hearing and request additional information from the landlord or tenant before issuing a written decision. The hearing officer shall have the power to issue orders to keep order and decorum during the hearing.
(c) Application and Materials. At an appeal hearing, the hearing officer shall consider only the administrative record that was the subject of the department’s final decision.
(6) Decision and Notice.
(a) After the hearing, the hearing officer shall either:
(i) Affirm, modify, or reverse the department’s decision and specify the reasons for its decision; or
(ii) Refer the matter back to the department for further review.
(b) Decisions shall be rendered within 30 days of the close of the hearing. If the hearing officer fails to act within 30 days of the close of the hearing, the department’s decision shall be deemed affirmed.
(7) The hearing officer shall mail the hearing officer’s decision to the affected parties within 10 days after it is rendered.
(8) Final Decision. The decision of the hearing officer shall be final and not subject to further appeal.
(9) Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a director’s decision under this chapter may seek judicial review in the court pursuant to California Government Code Section 53069.4 and/or California Code of Civil Procedure Sections 1094.5 and 1094.6. (Ord. 736 § 2 (Exh. A), 2023).