If an appeal is filed within the time and in the manner prescribed by Section 450-6.802, or a hearing is requested within the time and in the manner prescribed by Section 450-6.604, the director or his designee shall promptly set the matter for hearing. Written
notice of the time, date and place of the hearing shall be mailed to the appellant
not later than ten days preceding the date of the hearing.
During the hearing, the burden of proof shall rest with the appellant. The provisions
of the California Administrative Procedure Act (commencing at Section 11500 of the
Government Code) shall not be applicable to such hearings, nor shall formal rules
of evidence in civil or criminal judicial proceedings be applicable. Written statements
by a county officer or employee, an officer or employee of the state of California,
or an officer or employee of any law enforcement or fire protection agency acting
in the course and scope of his or her employment or official duties may be accepted
as evidence that such fact(s) or condition(s) do or do not exist. At the conclusion
of the hearing, the director or his designee shall prepare a written decision which
either grants, conditionally grants or denies the appeal, and contains findings of
fact and conclusions. The written decision shall be mailed to the appellant.
(Ords. 90-122 § 4, 83-68).
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