Does the fact that a hearing officer is the appointing officer vitiate the procedure?
California, United States of America
The following excerpt is from Smith v. City and County of San Francisco, 11 Cal.App.3d 606, 89 Cal.Rptr. 878 (Cal. App. 1970):
No unfairness of the hearing itself is claimed, nor in this proceeding is it contended the hearing officer proceeded with a deaf ear and a closed mind. The fact that under the charter procedure, the hearing officer is the appointing officer does not vitiate the procedure. (Scannell v. Wolff, supra, 86 Cal.App.2d at pp. 492--493, 195 P.2d 536.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the procedure for relieving a court-appointed defense counsel at a preliminary hearing? (California, United States of America)
Is Section 19685 of the California Code of Civil Procedure unconstitutional if it allows certain officers to appoint as many deputies as may be necessary? (California, United States of America)
What is the effect of a hearing officer's failure to grant a postponement of an arbitrator's hearing? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Does a police officer have been found in breach of section 69 of the California Civil Code of Civil Procedure by failing to stop a man from running away from an officer? (California, United States of America)
Does the exclusionary rule apply in a revocation hearing where a police officer or parole officer has conducted an illegal search? (California, United States of America)
What is the difference between duties assignable to an elected officer and those assigned to an appointive officer? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
When an officer believes an individual is armed and presently dangerous to the officer or to others, can the officer use force to neutralize the threat of physical harm? (California, United States of America)
