SECTIONS 27720-27728 - California Statutes

GOVERNMENT CODE

SECTION 27720-27728

27720. 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.

27721. 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.

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) 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.

27723. The local body may, but need not be present during the
proceeding.

27724. 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.

27725. 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.

27726. Such contracting entity is authorized to conduct its
hearings in accordance with the provisions of this chapter.

27727. 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.

27728. 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.