If the sheriff's department desires to suspend or revoke the permit of a secondhand
dealer, it shall proceed as follows:
(a)
Notice. The sheriff shall give a notice of intention to revoke or suspend a secondhand
dealer's license to the permittee and the Santa Barbara County tax collector ("tax
collector") in writing by mailing or delivering a copy of such notice to the permittee
specifying the reasons for suspension or revocation in sufficient detail to fully
inform the permittee of the reasons which have caused the notice to be given. The
notice shall specify the date, time, and place at which a hearing will be held by
the tax collector. The hearing shall be conducted not less than seven days after the
date of the notice, unless the permittee consents to a shorter period of time. Unless
the permittee consents to a longer period of time, a hearing must be held within ten
days of a suspension. Pending a revocation hearing, the sheriff may suspend a secondhand
dealer's permit to operate upon a determination of reasonable cause to believe the
permittee has violated any of the provisions of section 26A-4(b) through (m), Business and Professions Code section 21642, or other applicable
provision of state law.
(b)
Hearing Procedure. The permittee and the sheriff shall each have the right to be represented
by counsel, to call and examine witnesses, and to argue their respective positions.
The proceedings shall be informal, and strict rules of evidence shall not apply. All
evidence shall be admissible which is of the kind that reasonably prudent persons
rely on in making decisions.
(c)
Decision. The tax collector shall render his decision in writing and include the reasons
therefor. The decision shall notify the permittee and the sheriff of their rights
to appeal. An appeal does not stay the decision of the tax collector.
(d)
Appeal. The permittee or sheriff may appeal the tax collector's decision on suspension
or revocation to the board of supervisors by filing an appeal in writing within fifteen
days after such decision. After receipt of an appeal, the board shall set a date,
time and place within thirty days after receipt of the appeal (or such longer period
as to which the appellant consents) to hear the matter. The clerk of the board of
supervisors shall notify the permittee, the tax collector and the sheriff of the date,
time and place of the hearing.
(e)
Conduct of Appeal Hearing. The board of supervisors may issue subpoenas as provided
in Government Code section 25170 at the request of either the permittee or the sheriff,
for witnesses to appear at the hearing, with or without specified documents. All testimony
at the hearing shall be given under oath or affirmation. The permittee and the sheriff
shall have the right to be represented by counsel. Permittee and sheriff shall each
have the right to call and examine witnesses, cross-examine witnesses, and argue their
respective positions. The proceeding shall be informal and the strict rules of evidence
shall not apply, and all evidence shall be admissible which is of the kind that reasonably
prudent persons rely on in making decisions.
The chairman of the board shall determine the order of procedure and shall rule on
all objections to admissibility of evidence. Permittee and sheriff shall each be given
a full and fair hearing. The board shall make its decision by majority vote, either
at the end of the hearing or at a date not more than ten days after the close of the
hearing. The decision of the board shall be final.
