City Hearing Officer Misrepresentation of Testimony in Hearing Decision

[Psalm_27]

Jurisdiction

California

We had a hearing with the City of Oakland Rent Adjustment Program in response to a tenant petition. The hearing officer issued her decision in favor of the tenant citing tenant testimony that does not exist. There are three instances of this. I am absolutely certain the testimony does not exist as I have reviewed the hearing audio recordings three times in an attempt to find the tenant testimony that the hearing officer referenced. I have filed an appeal of the hearing decision.

In preparation for the appeal hearing, I informed the City that upon review of the hearing audio, I am unable to find the testimony of the tenant that the hearing officer referred to in her decision. I asked them to provide me with time references in the audio recording to the testimony referred to by the hearing officer. The City informed me that they do not provide this type of information. I responded that I need this information in order to prepare for the appeal hearing.

If I go into the appeal hearing claiming that the testimony does not exist, there would be no way for me to convince the hearing board of this without them listening to the entire 2 hours of the hearing, which they will certainly not do. Therefore, I am certain they will support the hearing officer's decision as I will not be able to prove that the testimony does not exist.

My question is, if I request the City to provide me with reference to the specific tenant testimony the hearing officer referenced in her decision, does the City have some legal obligation to provide me with this information? I would appreciate any suggestions on how I could approach this.

 

[adjusterjack]

My question is, if I request the City to provide me with reference to the specific tenant testimony the hearing officer referenced in her decision, does the City have some legal obligation to provide me with this information?

Probably not.

Your tenant is the Petitioner and you are the Respondent (defendant) and you are wanting testimony from a third party (the hearing officer that made the decision).

You are likely going to have to issue a subpoena ordering the hearing officer to appear at the appeals hearing and bring documentation showing where she got those comments.

How that plays out is anybody's guess.

 

[Tax Counsel]

You are likely going to have to issue a subpoena ordering the hearing officer to appear at the appeals hearing and bring documentation showing where she got those comments.

Uh, no. You cannot subpoena hearing officer or trial judge to an appeal hearing to have the officer/judge explain his/her decision. The written opinion from the hearing officer is all you'll get from him/her.

But you can put the burden on the opposing side to point to where the purported testimony is. If it exists, the opposing side should have no trouble pointing that out for the judge(s) to consider.

 

[zddoodah]

Have you considered paying to have the audio transcribed?

Also, imagine being at the hearing and saying, "it ain't in there," and, when I asked my adversary where it is, he said I should pound sand. The judge then turns to the adversary and says, "Is it in there, and if so, where exactly is it?"