Section 18.104.22.168 of the CFC, Administrative Hearings, is added to read as follows:
22.214.171.124 Administrative hearings. Any person served with an order pursuant to Section 110.3.3 who has been unable to resolve any violation with the prevention services division, may within fifteen days after service of the order, request a hearing pursuant to this section by filing with the chief a notice of defense. The notice shall be filed with the prevention services office that issued the order. A notice of defense shall be deemed filed within the fifteen-day period provided by this section if it is postmarked within that fifteen-day period. If no notice of defense is filed within the time limits provided by this subdivision, the order shall become final.
The hearing decision issued pursuant to this section shall be effective and final upon issuance by the chief. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any.
Any provision of an order issued under this section, except the imposition of an administrative penalty, shall take effect upon issuance by the chief if the chief finds that the violation or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of that provision of the order pending a hearing decision. However, if the chief determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative penalty, shall take effect upon issuance by the chief. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision.
A decision issued pursuant to this section may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the chief if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to Section 109.3.2 or the accrual of any penalties assessed. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.
(Ord. 4997 § 1, 2019; Ord. 4877 § 1, 2016; Ord. 4739 § 1, 2013; Ord. 4636 § 1, 2010; Ord. 4474 § 1, 2007)