Los Angeles Municipal Code

Sec. 24.27. Administrative Hearings.

cs Commission determined that no violation occurred.” (h) Penalties. (1) Penalties may be imposed only by a quorum of the Commission, based on its determination under Subsection (g) regarding whether a violation occurred and on the arguments and evidence submitted by the parties regarding penalties. (A) The votes of at least three members are required to impose penalties. (B) The parties may submit arguments and evidence regarding penalties. (i) Each party may file a brief that is no more than ten pages in length. The brief shall be filed with the Executive Director and all opposing parties at least 15 calendar days prior to the date the Commission will consider penalties. The Executive Director shall provide copies of any brief to the members of the Commission. (ii) The members of the Commission may permit the parties to provide oral argument of no more than ten minutes each. (2) In framing a penalty, the Commission shall consider the relevant circumstances surrounding the case, including but not limited to the following: (A) The severity of the violation; (B) Whether the violation was deliberate and whether the violator intended to conceal or deceive; (C) Whether the violator demonstrated good faith by consulting the Commission staff in a manner not constituting a complete defense under Charter Section 705; (D) Whether the violation was an isolated incident or part of a pattern, and whether the violator has a prior record of violations of the laws within the Commission’s jurisdiction; (E) The degree to which the violator cooperated with Commission staff in order to provide full disclosure, remedy a violation, or cooperate voluntarily with an investigation; and (F) The overall interests of justice. (3) If a quorum of the Commission imposes monetary penalties, the penalties must be paid in full within 21 calendar days after the date the order imposing the penalties issued under Subsection (i). (A) If a party who is ordered to pay the penalties can demonstrate through documentary evidence that paying the total amount of the penalties within 21 calendar days poses a significant financial hardship, staff may recommend that a payment schedule be established by a quorum of the Commission. Any payment schedule must require payment in full within 12 calendar months after the date the order imposing the penalties is issued.