Notice and opportunity for administrative review hearing on revocation of temporary key employee license.
San José Municipal Code § 16.32.630
in effect16.32.630 - Notice and opportunity for administrative review hearing on revocation of temporary key employee license.
A. In the event the Administrator recommends to the Chief of Police revocation of a temporary Key Employee License, the Administrator shall serve upon the Licensee and the Cardroom Permittee a notice of revocation, stating the reasons for the revocation. The Employee shall be given five (5) Business Days from the date of mailing of the notice of revocation to request an informal administrative review hearing with a hearing officer designated by the Chief of Police in order to give the Licensee the opportunity to clear his or her name prior to imposition of the revocation. The Employee shall be deemed to have waived the administrative review proceeding if the Administrator does not receive the Employee's written request for an administrative review hearing within five (5) Business Days of the date of service of the notice of revocation. If the Administrator does not receive the Employee's written request for an administrative review hearing within five (5) Business Days of the date of service of the notice of revocation, the notice shall become the final decision of the Chief of Police and the License shall terminate automatically.
B. The Administrator shall schedule the administrative review hearing within a reasonable period of time after receipt of the written request from the Employee. The hearing shall be conducted by the Chief of Police in accordance with the provisions of Chapter 16.36.
C. At the administrative review hearing, the Employee may be represented by legal counsel and shall have a reasonable opportunity to respond to the charges in order to clear his or her name and to seek to have the revocation reversed or modified. Although the attorney representing the Employee may be present at the administrative review meeting, there shall be no right to discovery or to cross-examine witnesses.
D. Technical rules relating to evidence and witnesses shall not apply. Any relevant evidence which is not unduly repetitious, including hearsay evidence, may be admitted into the record and considered, and is sufficient in itself to support a finding, if it is the sort 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 that evidence over objection in a civil action.
E. The hearing officer shall have the authority to control the conduct of the proceeding, including the ability to limit testimony and the admissibility of evidence that is unduly repetitious and make any other rulings or place other limitations on the administrative hearing consistent with the informal nature of the proceeding.
F. The written decision of the hearing officer upholding, reversing or modifying the revocation shall be served upon the Employee within a reasonable period of time after the close of the administrative review hearing.
G. A modification of the termination decision may include any or all of the following: a suspension of the temporary Key Employee License for a period of time; the addition of restrictive limitations and conditions on the temporary Key Employee License; issuance of a letter of reprimand or other disciplinary penalty.
H. The written decision of the hearing officer shall be final and shall contain a notice setting out the provisions contained in Section 1.16.010 of this Code.
(Ords. 29039, 30616.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT16GACO_CH16.32CALI_PT5KEEMLI_16.32.630NOOPADREHERETEKEEMLIFetched: 11/1/2026