Katelyn Baker
Well-Known Member
The board of supervisors voted unanimously on Tuesday to adopt a resolution establishing procedures for administrative hearings related to the enforcement of the county's marijuana cultivation ordinances.
The resolution states that anyone who receives a notice to abate a violation of the marijuana cultivation ordinance may request a hearing within the time set forth in the abatement notice. The resolution then establishes the procedure for such a hearing.
The county department issuing the notice of violation must establish the existence of a violation of the county code with a "preponderance of evidence." The resolution says, "A preponderance of the evidence is established when the weight of the evidence supporting the existence of a fact in contention has the more convincing force, when balanced against that evidence refuting the existence or applicability of the same fact in contention."
Representatives of the department shall then summarize the enforcement case and contents of the enforcing officer's case file shall be admitted to evidence as "prima facie evidence" — meaning accepted as correct until proven otherwise — of the facts stated therein.
The following will be considered prima facie evidence: "The condition(s), act(s) or omission(s) upon which the proposed action is based; the regulatory authority for the proposed action; and technical or factual data supporting the proposed action."
Next, the party believed to have violated the county code — referred to as the "responsible party" — will be given an opportunity to present arguments and evidence, to which the county department may provide a rebuttal. The hearing officer is permitted within the resolution to ask questions of the responsible party, the county department, or others present at the hearing.
The hearing officer will then make a decision in the case based upon findings supported by evidence. Continuances of the hearing may occur at the discretion of the hearing officer if requested by a party who also presents good cause.
Also discussed at the board meeting was authorizing appointed officers and employees to promote the .25 percent sales tax ballot measure to fund the new jail.
County Counsel Brian Morris noted that under the county's political activities policy, appointed employees and unelected officers are prohibited from doing anything during working hours that could be construed as supporting a ballot measure. While there can be no use of public funds to campaign for a ballot measure, employees and officers are permitted to provide the public with information on ballot measures.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: County Makes Changes To Pot Enforcement Procedures
Author: Danielle Jester
Contact: (530) 842-5777
Photo Credit: Danielle Jester
Website: The Siskiyou Daily News
The resolution states that anyone who receives a notice to abate a violation of the marijuana cultivation ordinance may request a hearing within the time set forth in the abatement notice. The resolution then establishes the procedure for such a hearing.
The county department issuing the notice of violation must establish the existence of a violation of the county code with a "preponderance of evidence." The resolution says, "A preponderance of the evidence is established when the weight of the evidence supporting the existence of a fact in contention has the more convincing force, when balanced against that evidence refuting the existence or applicability of the same fact in contention."
Representatives of the department shall then summarize the enforcement case and contents of the enforcing officer's case file shall be admitted to evidence as "prima facie evidence" — meaning accepted as correct until proven otherwise — of the facts stated therein.
The following will be considered prima facie evidence: "The condition(s), act(s) or omission(s) upon which the proposed action is based; the regulatory authority for the proposed action; and technical or factual data supporting the proposed action."
Next, the party believed to have violated the county code — referred to as the "responsible party" — will be given an opportunity to present arguments and evidence, to which the county department may provide a rebuttal. The hearing officer is permitted within the resolution to ask questions of the responsible party, the county department, or others present at the hearing.
The hearing officer will then make a decision in the case based upon findings supported by evidence. Continuances of the hearing may occur at the discretion of the hearing officer if requested by a party who also presents good cause.
Also discussed at the board meeting was authorizing appointed officers and employees to promote the .25 percent sales tax ballot measure to fund the new jail.
County Counsel Brian Morris noted that under the county's political activities policy, appointed employees and unelected officers are prohibited from doing anything during working hours that could be construed as supporting a ballot measure. While there can be no use of public funds to campaign for a ballot measure, employees and officers are permitted to provide the public with information on ballot measures.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: County Makes Changes To Pot Enforcement Procedures
Author: Danielle Jester
Contact: (530) 842-5777
Photo Credit: Danielle Jester
Website: The Siskiyou Daily News
