Hearings authorized when.
San José Municipal Code § 3.28.240
in effect3.28.240 - Hearings authorized when.
A. The Board in its discretion may hold hearings for the purpose of determining any question presented to it involving any right, benefit or obligation of any person under this Chapter. Any applicant for any benefits may file an application for rehearing of his or her application for benefits within thirty (30) days after written notice of the determination of the Retirement Board has been sent by mail to the applicant or his or her attorney of record, upon any of the following grounds:
1. That the Retirement Board acted without and in excess of its powers;
2. That the order, decision or award was procured by fraud;
3. That the evidence does not justify the determination of the Retirement Board;
4. That the applicant has discovered new evidence material to him or her which he or she could not with reasonable diligence have discovered or procured at the hearing.
B. The determination of the Retirement Board on any said application for rehearing shall be made within sixty (60) days from and after the date of filing of said application.
C. Notwithstanding the foregoing, any decisions regarding a determination related to a member's disability shall be subject to review only in accordance with the process described in Sections 3.28.1250, 3.28.1370.C, 3.28.1410, 3.28.1445 and/or 3.28.1449, as may be applicable.
(Prior code § 2904.1059; Ord. 29904.)
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=TIT3PE_IIREPL_CH3.281975FEEMREPL_PT2AD_3.28.240HEAUWHFetched: 11/1/2026