Administrative Hearing
San Diego Municipal Code § 26.0436
in effect§26.0436 Administrative Hearing
(a) The Administrative Hearing shall be open to the public.
(b) The Presiding Authority is authorized and empowered to administer oaths and affirmations.
(c) The Petitioner bears the burden of proof at the Administrative Hearing to establish, by a preponderance of the evidence, the existence of a violation of Governmental Ethics Laws.
(d) The rules relating to the admissibility of evidence at the Administrative Hearing are set forth as follows:
(1) All Parties shall have the right to call and examine witnesses under oath or affirmation, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter even though that matter was not covered in direct examination, to impeach any witness, and to rebut evidence presented against the Party.
(2) Any relevant evidence shall be admitted if it is the sort of evidence that responsible persons are accustomed to relying upon 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 a civil or criminal action.
(3) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil or criminal action. An objection is timely if it is made before the Presiding Authority takes the case under submission.
(4) The Presiding Authority has the discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will require an undue consumption of time.
(e) The Administrative Hearing shall be recorded, and the recording shall be retained by the Commission.
(1) A copy of the recording shall be provided to the Respondent upon request.
(2) The Respondent may ask that a certified court reporter attend and make a transcript of the hearing. In such event, the Respondent shall provide copies of the transcript to the Commission and any other Respondents. The costs of making the transcript and making copies of the transcript shall be borne by the Respondent requesting the court reporter.
(f) The Presiding Authority may continue the Administrative Hearing based on good cause shown by one of the Parties to the hearing if the Presiding Authority determines that due process has not been adequately afforded.
(g) At the conclusion of the Administrative Hearing, the Presiding Authority shall act as follows:
(1) If the Presiding Authority is the entire Commission sitting as a hearing panel, it shall conclude the Administrative Hearing by conducting deliberations in accordance with the provisions of Section 26.0438.
(2) If the Presiding Authority is an ad hoc subcommittee composed of three Commissioners, such subcommittee shall take the matter under submission and, based on the concurrence of at least two members of the subcommittee, make a recommendation regarding whether a violation has been committed, whether the Respondent committed or caused the violation, and what penalty, if any, should be imposed. The recommendation shall be submitted to the Commission in accordance with Section 26.0437.
(3) If the Presiding Authority is an individual selected pursuant to Section 26.0435(b)(2)(C), such individual shall take the matter under submission and make a recommendation regarding whether a violation has been committed, whether the Respondent committed or caused the violation, and what penalty, if any, should be imposed. The recommendation shall be submitted to the Commission in accordance with Section 26.0437.
(“Administrative Hearing” added 2-11-2002 by O-19034 N.S.)
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/MuniCodeChapter02/Ch02Art06Division04.pdf#page=29Fetched: 10/28/2026