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HomeMy WebLinkAboutPOWERPOINT PRESENTATION - ITEM 15Administrative Hearing Procedures and Guidelines Background On November 4, 2008, the Tustin City Council adopted Ordinance No. 1358 amending Article i of the Tustin City Code establishing an Administrative Citation Program for penalty provisions for administrative citations. Proposed Amendments Ordinance No. 1428 (Code Amendment 2013-003) is a City initiated update to the Tustin City Code Article 1 and Article 8 in order to: o Establish Hearing Officer Guidelines 13 Incorporate amendments that are consistent with State law 13 Implement penalty fee provisions for non-payment of citations 13 Update definitions and procedures 13 Incorporate a fixed amount for compensation with a maximum overall amount per hearing to Hearing Officers Proposed Amendments Supreme Court (Hass v. County of San Bernardino) affirmed a judgment relating to due process clause laws affected the way in which the City may select temporary administrative hearing officers and the method in which they are paid according to the duration or amount of work performed Hearing Officer Guidelines Proposed amendment will: Establish a fixed compensation amount for Hearing Officers Allow an individual, who is not necessarily an attorney, to act as the Hearing Officer Hearing Officer Guidelines (Guidelines) outline roles and responsibilities, major tasks, hearing procedures Recommendation That the City Council take the following action: Introduce and have first reading of Ordinance No. 1428 amending Article 1 and Article 8 of the Tustin City Code and set second reading at the next City Council Meeting; and Adopt Resolution No. 13-15 to establish Hearing Officer Guidelines and authorize the Community Development Director to solicit Request for Proposals (RFP) and enter into a contract for Hearing Officer services.