Frequently Asked Questions (FAQ)
About Your Administrative Hearing Before
The Office Of County Hearing Officer (OCHO)
How do I schedule a hearing?
Upon receipt of your hearing request and paid fee (or approved hardship waiver) to the County department that issued the violation, a representative from the department will contact the OCHO to request a hearing date. The department and/or the OCHO will send you notice of the hearing date.
What is the OCHO?
The OCHO is established within the Office of the County Counsel (County Counsel) to independently conduct administrative hearings on certain specified matters within the jurisdiction of Los Angeles County.
What if I want a different Hearing Officer?
You have five (5) business days from the date you received notice of the assigned Hearing Officer to request, without stating a reason, that the OCHO randomly assign a new Hearing Officer. You can only do this one time. Additionally, if you have specific concerns about the Hearing Officer’s ability to conduct a fair hearing, you may request a reassignment based on those reasons.
For more information on requesting a new Hearing Officer, please review the OCHO’s Forms section.
What is a pre-hearing conference?
A Hearing Officer may decide to schedule a pre-hearing conference to gather information before the hearing date. At the pre-hearing conference, the Hearing Officer may ask for your position on specific issues and set timelines for submitting evidence, witness lists, and any other necessary information to ensure a fair and efficient hearing. The Hearing Officer may also confirm that the parties are prepared to proceed on the hearing date, decide whether the hearing will be virtual or in-person, and address any requests for language interpreters, special accommodations, or other needs.
Do I need an attorney at the hearing?
Generally, an attorney represents the County department that issued the violation, but the attorney is not required to appear at the administrative hearing. You have the option to represent yourself, bring a non-attorney representative, or hire an attorney to represent you at the hearing. If you wish to be represented by an attorney, you will be responsible for their fees.
What will my hearing be like?
Your hearing will be similar to, but less formal than, a court trial. This process includes presenting witnesses and exhibits (documents, photos, or audio or video recordings). A Hearing Officer, employed by the Office of the County Counsel, not by the County department that issued the citation, will preside over the hearing.
When the hearing begins, the County department or its attorney will present their case first, including any evidence, witness testimony, and relevant exhibits. You will then be allowed to ask questions of the department’s witnesses.
After the County department presents its evidence, you will have the chance to present your case, including exhibits, photographic evidence, witness testimony, and other relevant evidence. Even if you do not have exhibits or other witnesses, you can be your own witness and present any information you want the Hearing Officer to consider. The department or its representative will have the opportunity to cross-examine you and the witnesses you offer. Even if you choose not to testify, the department or its attorney may ask you questions. At any time during the hearing, the Hearing Officer may question a witness, the parties, or their representatives and rule on the admission of evidence and testimony.
Important: Be sure to submit all the evidence you want the Hearing Officer to consider before the hearing closes.
After all parties have presented their evidence, the Hearing Officer will allow each party to make a closing statement. This is your opportunity to summarize your evidence and explain why you believe you should prevail. During closing statements, the County department goes first, then you make your closing statement. Because the department has the burden of proof at the hearing, they will get a second opportunity to make a final statement.
The Hearing Officer may ask additional questions, but no additional evidence will be accepted by the Hearing Officer after closing statements are done. The Hearing Officer will consider all relevant evidence submitted and provide a written decision on your matter with findings of fact and conclusions of law. The Hearing Officer will inform you of the timeline for this decision and may ask the parties to prepare draft Findings of Fact and Conclusions of Law with a set submission date. After this, the Hearing Officer will conclude/adjourn the hearing and release the parties.
If I forget something, can I submit additional documents to the Hearing Officer after the hearing?
All evidence should be submitted during the hearing. Only in rare circumstances will the Hearing Officer allow additional evidence to be submitted after the hearing has concluded.
Will the hearing be in-person or virtual?
The Hearing Officer will consult with the parties to decide whether the hearing will be conducted virtually or in-person. Virtual hearings are preferred using the Microsoft TEAMS platform to enhance accessibility, minimize disruptions to business operations, eliminate parking fees, and facilitate easier access for you, witnesses, and other parties involved in the hearing across the vast Los Angeles County. In-person hearings are typically held at the Kenneth Hahn Hall of Administration located at 500 West Temple Street, Los Angeles, California 90012, though other locations may be designated at the discretion of the Hearing Officer, with advanced notice to the parties. All parties and witnesses will be responsible for their own transportation and parking expenses.
Can I record the hearing?
No. The hearing will be officially recorded by the Hearing Officer, either on the Teams platform, using an audio recording device, or by a certified court reporter. Personal recording devises are not permitted. The recording maintained by the OCHO serves as the only official record of the hearing. You may request a copy of the official audio or video recording by contacting the OCHO.
What do I need to prove at the hearing?
The enforcing County department has the responsibility of proving the alleged violation leading to the fine, penalty, suspension or revocation, or other abatement order by a preponderance of the evidence. This means the department must present enough evidence to persuade the Hearing Officer that it is more likely than not (at least 51%) that the violation occurred or enforcement action was necessary.
However, you should be prepared to present any evidence that refutes the allegations, as well as any evidence of good character and conduct, mitigating circumstances, or rehabilitation, if relevant. You may also want to bring witnesses to the hearing who can speak to the issues involved in the allegations against you.
Can I see the County department’s evidence against me?
Yes. The County department will provide you with a description of the violation, usually in the form of a citation or letter. You may also request additional information from the department, including witnesses or documents, by contacting the department or by way of subpoena.
For more information on how to subpoena witnesses and documents, as well as relevant timelines, please review the OCHO’s Forms section.
What if I am unable to attend the scheduled hearing date?
If you cannot attend on the date and time shown in the notice you received, you must contact the OCHO as soon as possible. The earlier you make your request, the more likely it will be granted. Requests for a hearing continuance must be made in writing to the OCHO at least two (2) business days before to the hearing, unless there is good cause for a later request.
For more information on requesting a continuance, please review the OCHO’s Forms section. You may use the provided form to request a continuance, but it is not required.
What if I don’t attend the hearing?
If you request a hearing and do not attend the hearing, the County department can still proceed with the case against you. Failure to appear at a hearing may be cause for a finding in favor of the department or a determination that your request for a hearing has been withdrawn.
What if I need an interpreter?
If you or a witness need an American Sign Language or language interpreter, immediately contact the OCHO so that a certified interpreter can be provided. It is generally not sufficient to bring a friend or relative to interpret for you. The OCHO will work with the Hearing Officer to provide any requested language assistance and will notify all parties of the outcome of the request and if it requires a continuance of the hearing or change in its location or hearing platform.
For more information on requesting language assistance, please see the OCHO’s Forms section. You may use the form provided to request language assistance, though it is not required.
Will the hearing location be accessible to people with disabilities?
Yes. The hearing locations are accessible to persons with disabilities, whether in-person or virtual. However, please contact the OCHO in advance to confirm specific accessibility options. If you or anyone attending requires reasonable accommodation, please contact the OCHO as soon as possible so arrangements can be made.
For more information on requesting accommodations, please refer to the OCHO’s Forms section. You may use the accommodation request form, though it is not required .
What if I disagree with the Hearing Officer’s decision?
If the Hearing Officer makes a decision you disagree with, you have the following options: (a) accept the decision, (b) request the Hearing Officer review and reconsider its decision if you believe the Hearing Officer made an error in fact or law (OCHO’s Forms section), or (c) appeal the Hearing Officer’s decision in the Superior Court by filing a writ of mandate. For more information on filing a writ of mandate, visit the Superior Court website.
The Hearing Officer will provide general information on the finality of the decision and process for appealing in the Los Angeles Superior Court .