(a) After considering all of the testimony and evidence submitted by the parties, the hearing officer shall issue a written decision upholding, modifying or vacating the citation and shall set forth the reasons for the determination. The determination of the hearing officer shall be a final administrative determination.
(b) If the hearing officer upholds the citation, the City shall retain the amount of the fine that the appellant deposited with the City. If no appellant has deposited the fine with the City, the hearing officer shall set forth in the decision a schedule for payment of the fine. The person cited shall pay the fine by the date or dates set forth in the hearing officer's schedule and the failure to do so shall result in the assessment of late payment fees as set forth in Section 100.6(c).
(c) If the hearing officer vacates the citation, the City shall promptly refund the deposit. If the hearing officer partially vacates the citation, the City shall promptly refund that amount of the deposit that corresponds to the hearing officer's determination. The refund shall include interest at the average rate earned on the City's portfolio for the period of time that the City held the deposit as determined by the Controller.
(d) The hearing officer shall serve the appellant and the charging official with a copy of the determination and notice of the right of the appellant to seek judicial review pursuant to California Government Code Section 53069.4.
(e) Absent good cause, the hearing officer shall hear multiple appeals of a citation at the same time.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
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