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 Butte County
 Code of Ordinances
 Chapter 19. ON-SITE WASTEWATER SYSTEMS

  § 19-14. Contractor review and oversight.  

Latest version.

  • A.

    A Certificate Holder's certificate may be suspended by the LEA for a period not to exceed ninety (90) days for incompetency, negligence, misrepresentation, or for failure by the Certificate Holder to comply with any other requirement of this chapter. The LEA shall serve the Certificate Holder with a Notice of Certificate Suspension by first class mail, postage-prepaid, including a copy of the Certificate of Mailing. The Notice shall state the reasons for which the certificate is subject to suspension and shall advise the Certificate Holder that the suspension will become effective ten (10) days from the date of service, unless a written request for Administrative Review is filed with the LEA following the procedure specified in Subsection E of this section.

    B.

    A Certificate Holder's certificate may be revoked by LEA for a period of one (1) year for serious or repeated violations of any of the requirements of this chapter. The LEA will serve the Certificate Holder with a Notice of Certificate Revocation by first class mail, postage prepaid, including a copy of the Certificate of Mailing. The Notice shall state, in writing, the reasons for which the certificate is subject to revocation and shall advise the Certificate Holder that the revocation will become effective ten (10) days from the date of service, unless a written request for Administrative Review is filed with the LEA following the procedure specified in Subsection E of this section.

    C.

    Any Certificate Holder whose certificate has been revoked may not reapply until one (1) year has elapsed from the date of revocation and shall be required to take the written examination again before issuance of a new certificate.

    D.

    Administrative Review.

    1.

    Any Certificate Holder whose certificate may be suspended or subject to revocation by the LEA may file a Request for Administrative Review. The Request must be in writing and filed with the LEA on or before the tenth day following service of the LEA's Notice of Suspension or Revocation. The Request must state both the legal and factual bases in support thereof, and must include at a minimum the requested modification(s), if any, of the Notice together with a summary of the issues, facts and legal authorities to be raised at the hearing. The time requirement for filing the Request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed Request that complies fully with the requirements of this section, the findings of the LEA contained in the Notice shall be deemed true and correct.

    2.

    Upon timely receipt of a Request for Administrative Review that complies with the requirements of this section, the LEA shall refer the matter to an Administrative Hearing Officer to conduct a hearing. The Administrative Hearing Officer shall be selected pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program" on file in the office of the Chief Administrative Officer of the County. Notice of the hearing shall be sent by first class mail, postage prepaid, to the Person(s) filing the request. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than seven (7) days from the date of the mailing, unless otherwise agreed to by the requesting party and the LEA).

    3.

    Any administrative hearing conducted under this section need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in civil actions. The Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

    4.

    The Administrative Hearing Officer shall issue a written decision that shall include findings to support the decision. The written decision is final upon the date it is mailed by first-class mail, postage prepaid, including a copy of the Certificate of Mailing to the Certificate Holder. Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the person subject to the Notice and any person filing a written request for notice of the decision.

(Ord. No. 4018, § 1, 3-16-10)