Objections at administrative hearing

[admin]

Whether in writing, or orally, in person, or by video, you need to make certain you voice your objections put 'on the record."

There is an old saying, "if its not in the record, it didn't happen" SO, to preserve your defense you need to make certain your defense is all on the record. This is true for your "administrative hearing" and for any later "court hearing."

Example: I would like to make an objection. I object to the fact the city failed to send answers to my *CPRA requests before this hearing which would have shown that the alleged issue does not rise to a violation.

*CPRA requests are California Public Records Act requests you can make to the city.

Here is a link to the CPRA guide: https://www.cacities.org/UploadedFiles/ ... aea6d6.pdf

NOTE - if possible object and demand an in person hearing. It is easier to read people, bring witnesses, and present evidence when you do it in person.

"On the record" means during hearing itself. Courts are a "court of record" meaning everything that is stated or evidence included becomes part of the record. It is best to file or prepare a document with your major points and your exhibits and present it to the city (prosecution) and the hearing officer. Make sure your documents are made part of the record.

You should inquire whether the recording is being recorded, who is recording it, who is transcribing it. The date, the time, and every person who is in the hearing, their name, their position. Then you make clear you want a copy.

We are working on this section now. But, you must object to certain issues to "preserve" the fact that you just did not accept what was going on, you objected to it on the record.

Example: If a hearing officer is hired and paid by the city you object to the hearing officer because he is bias. He is both picked by the city and paid by the city. This is not a neutral person. You should have had a voice in who was chosen and used as a hearing officer. Take note - this person is acting as your judge.

You voice objections on the record both at your administrative appeal, and if you pursue a court "appeal." Your court appeal is really just a new trial.