You do not need a lawyer to represent you during your hearing. In fact, most people choose to represent themselves. If you do not want to hire a lawyer to represent you and you do not want to represent yourself, you can also have a representative appear at ECB or respond by mail on your behalf. If you choose to have someone else represent you, the representative should be informed of the case facts as well as the defense that you want presented on your behalf.

If you are appearing in-person, you should arrange to have any witnesses who are testifying on your behalf arrive at your hearing. You should gather your NOV and any supporting evidence (licenses, permits, etc.) that you would like to submit as evidence during your hearing. Once you have compiled your evidence and witnesses, you should prepare your defense. In some instances, you may need to appear more than once to resolve the violation.

Disputing a Violation
If a City agency believes that you have violated one of the City's quality-of-life rules or laws, the agency will issue you a Notice of Violation (NOV) that summarizes the charge and tells you what to do next. Please read the instructions on your NOV carefully. In some cases, you may have an opportunity to correct the violation and avoid a hearing altogether. However, if you believe that you did not commit the violation or that it was not your fault, or if you have some other defense, you should appear at the Environmental Control Board (ECB) on the hearing date and at the hearing location listed on your NOV to contest the charge. In some cases, you may also have the option to respond by mail. Your mailed or in-person response will be heard by an Administrative Law Judge, who will consider the evidence you have submitted, and make an impartial decision on behalf of the Board.

Before your hearing date, you should carefully review your NOV. The law requires that all NOVs must be complete, properly filled out, and properly served by the issuing officer. Going through the following questions and answers may help you decide whether or not you want to contest the charge, and help you prepare your argument should you decide to do so. If you decide that you do not want to contest the charge, but simply have questions about how to correct the problem listed in your NOV, you should contact the agency that issued you the violation for guidance.

Is my NOV defective?
An NOV is defective when it is missing required information. Your NOV must include the following:

• Your name or corporation name, or a brief identifier such as the term "Owner,"
• Day, month, and year of the violation,
• Place of occurrence,
• The law alleged to have been violated, and
• A brief written description of the violation.

If your NOV is missing any of the information listed above, it may be dismissed by the administrative law judge hearing your case. When an NOV is filed at ECB, it must be accompanied by an affidavit (or certificate) of service that describes how the NOV was delivered to ("served on") you. The affidavit of service is signed by the issuing officer and is filed with your NOV at ECB.

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Does the law apply to the violation described in my NOV?
In some cases, an NOV may be dismissed if it refers to a specific law that does not apply to the violation described. You can read the specific laws enforced at ECB in the Legal Resources section of this Web site.

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What evidence may I submit during my hearing?
You are entitled to submit several kinds of evidence, or facts, during your hearing:

• You may testify.
• You may bring witnesses with you to testify on your behalf.
• You may cross-examine or question the petitioner's witnesses, including the issuing officer, if s/he is present at the hearing.
• You may bring documents with you for the Administrative Law Judge to look at while hearing your case.

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What kinds of documents should I bring with me?
When you submit a document as evidence, it is called an exhibit. Exhibits may include: deeds, drawings, maps, licenses, permits, envelopes (to show mailing or receipt dates), and photographs. The Administrative Law Judge may label, mark, and keep all relevant exhibits.

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Is the issuing officer's testimony necessary?
Generally, the issuing officer is not present at the first scheduled hearing date, since his or her testimony is not always necessary. Every NOV is signed by the issuing officer, making it a sworn statement of truth. This means that the information provided in the NOV has the same effect as the issuing officer testifying at your hearing. However, in the following situations, your case will probably be adjourned and rescheduled for a later date so that the issuing officer can testify:

• The agency representative at your hearing believes that the issuing officer will be able to provide more details about the facts listed in the NOV, and requests an adjournment;
• The Administrative Law Judge hearing your case believes that the issuing officer should testify and adjourns your case; or
• You request an adjournment because you want to cross-examine the issuing officer. The adjournment will only be granted if the administrative law judge agrees that the presence of the issuing officer is necessary.

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How do I request to cross-examine the issuing officer?
At the start of your hearing, the Administrative Law Judge may ask you whether or not you want to proceed without the issuing officer present. At this point in the hearing, you can request an adjournment so that the officer can testify at a later date. This request is called a motion. The ALJ will rule on this motion and either grant or deny your request based upon the circumstances. Before your hearing, you should consider whether or not the issuing officer's testimony will add anything to your case or to the petitioner's case. If you believe it will help your case, you may want to request an adjournment. If not, you may want to go ahead with your scheduled hearing.

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Can I object if the agency representative requests the issuing officer?
You are entitled to object if the agency representative requests an adjournment so that the issuing officer can testify. It will be up to the Administrative Law Judge, however, to determine whether to grant the adjournment.

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What happens after my hearing?
If your hearing is adjourned, it will be rescheduled for a later date. If your hearing is completed, the Administrative Law Judge's decision will be mailed to you at a later date. Please note that turnaround time may vary depending on ECB's caseload. If you disagree with the Administrative Law Judge's decision, you have the right to request an appeal.

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