The board of supervisors of any county may establish the office of county hearing officer. The duties of the office are to conduct hearings for the county or any board, agency, commission, or committee of the county.
Other OfficersHearing Officer
Section § 27720
This law allows the board of supervisors in any county to create the position of a county hearing officer. This officer's main job is to conduct hearings for the county and any of its boards, agencies, commissions, or committees.
county hearing officer board of supervisors conduct hearings
Section § 27721
This law allows a county board, agency, commission, or committee to authorize a hearing officer to take over certain duties. These duties can include conducting hearings, issuing subpoenas, gathering evidence, swearing in witnesses, deciding legal questions, determining what evidence can be used, and keeping a record of everything that happens in the proceedings.
When a state law or local ordinance provides that a hearing be held or that findings of fact or conclusions of law be made by any county board, agency, commission, or committee, the county hearing officer may be authorized by ordinance or resolution to conduct the hearing; to issue subpoenas; to receive evidence; to administer oaths; to rule on questions of law and the admissibility of evidence; and to prepare a record of the proceedings.
county hearing officer conduct hearings issue subpoenas
Section § 27722
This law section outlines what a hearing officer must do after a hearing is held. If the officer is authorized to decide the issue, they must write a decision with findings and conclusions, and submit it to the relevant local body's clerk. If not authorized, the officer should instead prepare a recommended decision and submit it to the clerk. The local body can then choose to adopt the officer's recommendation or create its own decision, based on reviewing the case record.
(a)CA Government Code § 27722(a) If the hearing officer is authorized to decide a matter upon which a hearing has been held pursuant to Section 27721, the officer shall render a written decision, including any findings or conclusions required for that decision, and submit the decision and the record to the clerk of the local body on whose behalf the hearing was held.
(b)CA Government Code § 27722(b) If the hearing officer is not authorized to decide a matter upon which a hearing has been held pursuant to Section 27221, the officer shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the clerk of the local body on whose behalf the hearing was held. The local body may adopt the recommended findings, conclusions, and decision, or may reject the recommendation and enter its own findings, conclusions, and decision after a review of the record.
hearing officer written decision findings and conclusions
Section § 27723
This law says that a local government body has the option to attend a legal proceeding, but they aren't required to be there.
The local body may, but need not be present during the proceeding.
local government participation optional attendance legal proceeding
Section § 27724
This law requires that any hearing officer, or their deputy or assistant, appointed by a county must be a lawyer who has been practicing law in California for at least five years before being appointed.
Any county hearing officer, or any deputy or assistant hearing officer, appointed pursuant to this chapter, shall be an attorney at law having been admitted to practice before the courts of this state for at least five years prior to his or her appointment.
county hearing officer qualifications deputy hearing officer assistant hearing officer
Section § 27725
This law allows local public entities to hire a county hearing officer through a contract. The contract outlines the hearing officer's duties and how the county will be reimbursed for these services. If the contract doesn’t specify reimbursement details, the local entity must pay a share of the actual costs based on salaries, benefits, overhead, and travel.
Any other local public entity may contract with the county to employ the services of the county hearing officer. The duties and responsibilities of the hearing officer described in Sections 27721 and 27722 shall be set forth in the contract. Reimbursement to the county for the services of a county hearing officer shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the county in providing the service including salaries, benefits, overhead, and any travel expense.
local public entity county hearing officer reimbursement
Section § 27726
This law section states that a specific entity with a contract is allowed to hold hearings as outlined by this chapter's rules.
Such contracting entity is authorized to conduct its hearings in accordance with the provisions of this chapter.
contracting entity authorized hearings hearing procedures
Section § 27727
This law allows any county or local public entity in California to hire an administrative law judge or hearing officer through the Office of Administrative Hearings to conduct proceedings.
Any county or other local public entity may contract with the Office of Administrative Hearings of the State of California, and the office is hereby authorized to contract for services for an administrative law judge or a hearing officer to conduct proceedings pursuant to this chapter.
administrative law judge hearing officer Office of Administrative Hearings
Section § 27728
This section explains that the rules discussed in this chapter offer an additional option, but they do not replace any existing laws about cases being managed by a hearing officer.
The provisions of this chapter provide an alternative to, and do not supersede, any other provision of law providing for any matter to be heard or determined by a hearing officer.
alternative legal provisions hearing officer existing laws
