The Appeal and Hearing Process: Your Rights and Responsibilities

The Appeal Process:

If you receive an Administrative Citation, the citation may be appealed. Filing an appeal provides you the opportunity to argue if the violations existed at the time the administrative citation was issued.

To request a hearing, you must complete a Request for Hearing Form and return the form and pay the fine within 30 days from the date of the issuance of the citation to the City Clerk's office. The City Code requires citation fines be paid even if the citizen wishes to request a hearing.

Request for Hearing forms may be obtained:

On-Line
By calling the Department phone number checked at the top of the Administrative Citation.
In person at 156 S. Broadway or 244 N. Broadway, Turlock

If paying the penalty in advance causes a financial hardship, the contesting party may complete a Request for Advance Deposit Hardship Waiver form. The form and supporting documentation must be submitted to the City Clerk's Office with the Request for Hearing Form for review and approval. Within 7 days, the City Finance Department will provide a determination for the advance deposit hardship waiver request.

The Hearing Process:

Once you have filed an appeal, your hearing provides the opportunity to bring an unresolved issue before the Hearing Officer and to present information for deliberation and a final decision. The contesting party may submit any relevant documents and may call as many witnesses as are reasonably needed to substantiate his/her case. Although the hearing process is informal as to procedure and admission of evidence, the hearing will be recorded so that at record of the proceedings is preserved.

The Hearing Officer will begin the hearing and will read the citation number and violation into the record.
The contesting party will be asked if the code violations existed at the time that the administrative citation was issued.
The contesting party and/or representative will have an opportunity to present his or her testimony or evidence.
The Hearing Officer may hear rebuttal testimony presented by the Enforcement Officer if applicable.
The contesting party will be asked if there is any further evidence or testimony they would like to present prior to the Hearing Officer closing the hearing.
Every effort will be made by the Hearing Officer to render a decision prior to the contesting party leaving the hearing. However, the Hearing Officer may take up to 7 days decide. All decisions will be provided to the contesting party in writing.

After consideration of all testimony and evidence submitted at the hearing, the Hearing Officer will issue a finding upholding or canceling the action. If the case is upheld, the contesting party forfeits the fine. If the case is dismissed, the contesting party will be refunded the deposit of the fine.

The decision of the Hearing Officer is final and conclusive, subject to review by the Stanislaus County Superior Court, 800 11th Street, Modesto, California 95354, (209) 530-3100, in accordance with the timelines and provisions set forth in California Government Code �53069.4.

Stanislaus County Superior Court

**Please Note: The failure of any recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.