Appeal Hearing Decision
San Diego Municipal Code § 33.0503
in effect§ 33.0503 Appeal Hearing Decision
(a) The hearing officer may uphold the denial, suspension, revocation or other decision of the Chief of Police, may allow that which has been denied, reinstate that which has been suspended or revoked, reverse or modify any other decision that is the subject of the appeal.
(b) A copy of the hearing officer’s decision specifying findings of fact and the reasons for the decision shall be furnished to the applicant, permittee, or the applicant or permittee’s counsel, and the Chief of Police within thirty calendar days of the hearing. If the hearing officer determines the complexity of the case requires additional time in which to render a decision, the time in which to render the decision is automatically extended another thirty calendar days.
This subsection does not apply to permittees governed by section 33.0507.
(c) The hearing officer’s decision shall be final ten calendar days from the action of the hearing officer, except
(1) in the event of an appeal brought under section 33.0505; or
(2) if the permittee is governed by section 33.0507.
(d) Except as to the emergency provisions of section 33.0406, the effect of a decision by the Chief of Police shall be stayed while an appeal to the hearing officer is pending or until the time for filing such appeal has expired.
(e) (1) The hearing officer’s decision shall be the final administrative remedy, unless an appeal to the Committee on Public Safety and Livable Neighborhoods (or its successor committee) is made in writing with the City Clerk within ten calendar days of receipt of the hearing officer’s written decision.
(2) However, if the hearing involves an applicant or permittee of a business or occupation that is a First Amendment protected business or occupation, including businesses and occupations governed by Chapter III, Article 3, Divisions 33 and 36 of this Code, the decision of the hearing officer is the final administrative remedy.
(f) In decisions involving businesses and occupations protected by the First Amendment, including businesses and occupations governed by Chapter 3, Article 3, Divisions 33 and 36 of this Code, the hearing officer’s decision is stayed as provided in section 33.0506.
(g) If the hearing officer’s decision is to uphold the denial of a police permit, the denial remains in effect until otherwise modified or overturned by a court of competent jurisdiction. This subsection also includes denials of police permits for businesses and occupations protected by the First Amendment, including businesses and occupations governed by Chapter 3, Article 3, Divisions 33 and 36 of this Code.
(“Appeal Hearing Decision” added 11-20-2000 by O-18885 N.S.)
(Amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
(Amended 11-8-2021 by O-21385 N.S.; effective 12-8-2021.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art03Division05.pdf#page=3Fetched: 10/28/2026