§ 1211. ADMINISTRATIVE HEARINGS.

(a) A Permittee or an Applicant who receives a Notice of Denial or Notice of Approval with Conditions under Section 1205(b), a Citation for a violation listed in Sections 1206(a) or (b)(4), 1207, or 1209(a), a Notice of Revocation under Section 1209, a Notice of Administrative Probation under Section 1213, or any person who receives a Citation for a violation of Section 1206(a) may request a hearing by submitting to SFMTA a request for hearing, in writing, within 20 business days of the date that the Notice of Denial, Notice of Approval with Conditions, Citation, Notice of Revocation, or Notice of Administrative Probation was served on the recipient of said Notice or Citation.

(b) Procedures for Review of Citations, Notices of Revocation, or Notices of Administrative Probation.

(1) Complaint. Within 10 business days of receipt of the request for a hearing, the SFMTA shall provide any Respondent who received an SFMTA Citation for a violation listed under Sections 1206(a) or (b)(4), 1207, or 1209(a), a Notice of Revocation under Section 1209, or a Notice of Administrative Probation under Section 1213 with a written Complaint consisting of a list of each alleged violation or the basis for revocation or administrative probation, the alleged facts that establish each violation or support revocation or administrative probation, and any argument in support of requested administrative fine(s), or determination(s) made by the SFMTA, as well as a list of the witnesses, if any, that SFMTA seeks to present at the hearing. The Complaint shall not exceed 10 double-spaced pages, excluding exhibits and any witness list, unless the Hearing Officer approves the filing of a longer Complaint. In addition to the Complaint, the SFMTA may submit proposed findings to the Hearing Officer.

(2) Response to Complaint. No later than 10 business days prior to the hearing, the Respondent may provide the SFMTA and the Hearing Officer with a written response to the Complaint, along with any additional information that the Respondent considers relevant to the case. The response shall not exceed 10 double-spaced pages, excluding exhibits, unless the Hearing Officer approves the filing of a longer response, and shall include a list of the witnesses, if any, that the Respondent will present at the hearing. In addition to the response, the Respondent may submit proposed findings to the Hearing Officer.

(3) Scheduling an Administrative Hearing. The administrative hearing shall be scheduled no sooner than 30 calendar days after the Notice of Revocation, Notice of Administrative Probation, or Citation has been served on Respondent, unless the parties agree to a different schedule or the Hearing Officer imposes a different schedule. Respondent may request a continuance of the hearing by submitting a written request to the Hearing Officer at least five business days prior to the scheduled hearing. The Hearing Officer must grant or deny the request for continuance within three business days, serve the final decision on the request for continuance to the Respondent in accordance with Section 1211(i), and post the final decision on the SFMTA’s website. No continuance of the administrative hearing may exceed 60 days.

(c) Procedures for Review of Permit Denial or Approval with Conditions. For a request by an Applicant for hearing on a Notice of Permit Denial or a Notice of Approval with Conditions under Section 1205:

(1) The SFMTA shall hold a hearing within 15 days of receiving a hearing request from the Applicant, unless a later date is agreed to by the parties as set forth below;

(2) Not less than 10 days prior to the hearing, the Applicant may file a written submission containing any information the Applicant deems relevant to the application and the Notice of Permit Denial or Notice of Approval with Conditions;

(3) Not less than four days prior to the hearing, SFMTA may file a written response to Applicant’s submission;

(4) Submissions by each party shall not exceed 10 double-spaced typed pages, excluding exhibits, unless the Hearing Officer approves the filing of a longer submission; and

(5) If either party intends to present witnesses at the hearing, the party shall present a list of these witnesses to the other party at least five calendar days prior to the hearing.

(d) Presentation of the Case. The following procedures shall apply to hearings held under this Section 1211.

(1) In the case of a hearing on the review of a Citation, Notice of Revocation 1 Notice of Administrative Probation, or Summary Suspension, the SFMTA shall make the initial presentation of its case at the hearing, and shall have the burden of proving, by a preponderance of the evidence, the facts alleged in the Complaint. The Respondent may present evidence following the SFMTA’s presentation.

(2) In the case of a hearing on a Notice of Denial or Notice of Approval with Conditions, the Applicant shall make the initial presentation of its case at the hearing, and shall have the burden of proving by a preponderance of the evidence, that the Applicant meets all eligibility requirements, or that the conditions imposed on the approval are not necessary. The SFMTA may present evidence following the Respondent’s presentation.

(3) Following presentation of evidence, each party shall have at least five minutes to present their rebuttal arguments, if any.

(4) In any hearing, subject to the Hearing Officer’s discretion to limit evidence to evidence that is relevant to the proceeding, either party may present its case by means of oral or documentary evidence, may submit rebuttal evidence, and may conduct cross-examination of adverse witnesses.

(e) Notice of Decision.

(1) The Hearing Officer shall issue a written Notice of Decision within 30 calendar days of the date of the hearing upholding or overturning the Citation, Notice of Revocation, Notice of Permit Denial or Notice of Approval with Conditions. The Notice of Decision shall be based upon the criteria set forth in this Article 1200, include findings, and shall set forth evidence in support of each finding. The Hearing Officer shall serve the full text of the Notice of Decision on the Respondent in accordance with Section 1211(i) no later than the business day following the issuance of the Notice of Decision. The deadline for the issuance of a decision may be extended if the Hearing Officer requests additional evidence from the parties subsequent to the hearing. If additional evidence is submitted, then the decision will be issued within 30 calendar days of the last submittal.

(2) The Hearing Officer’s decision shall take effect on the date that the Notice of Decision is served on the Respondent in accordance with Section 1211(i). In the case of a Notice of Permit Denial or Notice of Approval with Conditions, if the Hearing Officer determines that a permit Applicant is qualified for the permit, or modifies a Notice of Approval with Conditions, the SFMTA shall issue the permit or modification within 15 business days of the Notice of Decision.

(3) A decision of a Hearing Officer made under this Section 1211 concerning a Non-Standard Vehicle permit or violation of a Non-Standard Vehicle permit requirement under this Article shall be a final administrative decision. The Respondent may obtain judicial review of the administrative decision by filing a petition for review in accordance with California Code of Civil Procedure Sections 1094.5 and 1094.6.

(f) Ex Parte Communications.

(1) No party or representative or agent of a party may communicate directly or indirectly with the Hearing Officer concerning the substance or merits of a case at any time while the case is pending unless there is notice and an opportunity for the other party to participate. This prohibition does not preclude communications about administrative or procedural matters, or policy matters that do not involve any pending case regarding any individual permit or citation.

(2) Any correspondence regarding the substance of a case directed to or received by any Hearing Officer shall become part of the case record file and shall be copied to both parties within 48 hours of the communication. If the communication received is oral, the Hearing Officer shall prepare a memorandum for the record stating the substance and the date of the communication, any response made, and the identity of the person from whom the communication was received. If a communication is received within 48 hours of a scheduled hearing, the Hearing Officer must immediately provide copies of the communication to the parties.

(3) Except as permitted by these procedures and any applicable laws and regulations, there shall be no contact between the SFMTA and the Hearing Officer with respect to any pending case. This prohibition does not preclude communications about administrative or procedural matters, or policy matters that do not involve any pending case regarding any individual permit or citation.

(g) Hearings Open to Public. Hearings under this Section 1211 shall be open to the public, and public comment may be permitted in the sole discretion of the Hearing Officer, but the public may be excluded from all or a portion of the hearing when, in the sole and absolute discretion of the Hearing Officer, exclusion is necessary to protect the privacy of the Respondent or a third party or potential trade secret information. The Hearing Officer may also determine that documents submitted to the Hearing Officer will not be disclosed to the public in order to protect the privacy of the Applicant or a third party or potential trade secret information.

(h) Settlement.

(1) After issuance of an SFMTA Complaint, Notice of Revocation, Notice of Administrative Probation, or a Citation for a violation listed under Sections 1206(a) or (b)(4), 1207, 1209(a) or 1210, the SFMTA may enter into a settlement with the Respondent or person cited. The parties may reach a settlement before, during, or after the hearing.

(2) A settlement need not be read into the record of the hearing, or approved by the Hearing Officer, but must be reduced to writing, and signed and dated by the SFMTA and Respondent or his or her legal counsel or other authorized representative.

(3) By entering into a settlement agreement, Respondent waives any right to seek judicial review with respect to the subject of the settlement agreement.

(4) No evidence of an offer of settlement or of any statement made during settlement negotiations is admissible in a future proceeding under this Article, except that the fact that a matter was settled is admissible if otherwise relevant.

(i) Notices.

(1) Any notice, filing or other communication required to be provided to any person or entity by Sections 1205, 1209, 1210, 1211, 1212 or 1213 shall be delivered by personal delivery, overnight guaranteed delivery or first-class U.S. Mail, return receipt requested, to the last known address of the intended recipient that is on file with the SFMTA.

(2) Notwithstanding the requirements of paragraph (i)(1), by mutual agreement between the parties and with the concurrence of the Hearing Officer, the parties may agree to electronic service of any notice, filing or other communication required to be provided to any person or entity by Sections 1209 , 1210 , 1211 , 1212 or1213.

(3) Service of notice under this Section shall be deemed complete upon the date of personal delivery, deposit in the U.S. Mail, deposit with an overnight guaranteed delivery service, or transmission by electronic means.

(Added by SFMTA Bd. Res. No. , Ad. 10/17/2017, Eff. 11/17/2017)

CODIFICATION NOTE

1. So in SFMTA Bd. Res. No. .