Los Angeles Building Code — LAMC Chapter IX § 98.0304 Notice of Defense to Accusation

(a) Form and Purpose. Within ten days after service upon the respondent of the accusation, the respondent may file one or more notices of defense in which the respondent may: request a hearing; object to the accusation upon the ground that it does not state acts or omissions upon which the Department may proceed; object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare their defense; admit the accusation in whole or in part. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Failure to File Notice of Defense – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within ten days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of respondent’s right to a hearing, but the Department, in its discretion, may nevertheless conduct a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(c) Written Notice of Defense. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It must be verified but need not follow any particular form.

(d) Amendment of Accusation. At any time before the matter is submitted for decision, the Board, Superintendent or hearing examiner may order or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges, the respondent shall be afforded a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

SEC. 98.0305. NOTICE OF HEARING ON ACCUSATION.

(a) Service. The notice of hearing shall be delivered or mailed to all parties at least five days prior to the hearing. The date of the hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The respondent may file a written waiver of time and request an immediate hearing. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Form. The notice to respondent shall be substantially in the following form, but may include other information: (Amended by Ord. No. 185,587, Eff. 7/16/18.)

You are hereby notified that a hearing will be held before (the Board, Superintendent of Building or name of hearing examiner) at _______________ on the ____ day of __________ 20 ___, at the ______ hour of ____, upon the charges made in the accusation served upon you. You may be present at the hearing; you may, but need not, be represented by counsel; you may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board, Superintendent of Building or name of hearing examiner).