Principles for Public Safety Employment

of the Accusation on the firefighter, and failure to do so will constitute a waiver of the firefighter’s right to a hearing. 289 The following is sample language for a Statement to Respondent to be included in the Accusation:

Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying Accusation is delivered or mailed to the agency within 15 days after the Accusation was personally served on you or mailed to you, (here insert name of agency) may proceed upon the Accusation without a hearing. The request for a hearing may be made by delivering or mailing the enclosed form entitled Notice of Defense, or by delivering or mailing a notice of defense as provided by Section 11506 of the Government Code to: (here insert name and address of agency). You may, but need not, be represented by counsel at any or all stages of these proceedings. If you desire the names and addresses of witnesses and/or opportunity to inspect and copy the items mentioned in Section 11507.6 of the Government Code in the possession, custody or control of the agency, you may contact: (here insert name and address of appropriate person). The hearing may be postponed for good cause. If you have good cause, you are obliged to notify the agency or the neutral hearing officer, if one has been assigned, within 10 working days after you discover the good cause. Failure to give notice within 10 days will deprive you of a postponement. 290

iii. Service of the Accusation and Statement to Respondent The agency may select the manner of service, but no order adversely affecting the firefighter’s rights may be made, unless the firefighter was personally served or served by registered mail, or has filed a Notice of Defense or otherwise appeared. 291 Even with registered mail, receipt may become an issue if the person signing for the letter is not the subject firefighter. As such, the best course of action is to personally serve the firefighter with the Accusation and Statement to Respondent, when possible. iv. Notice of Defense The firefighter must file with the agency a written Notice of Defense within 15 days after service of the Accusation, otherwise the firefighter has waived his or her right to a hearing unless the agency decides to still provide one. 292 The Notice must be signed by either the firefighter or on his or her behalf and must include the firefighter’s mailing address. 293 The Notice does not need

to be verified or follow any particular form. 294 Within the Notice of Defense, the firefighter may:  Request a hearing;

 Object to the Accusation on the ground that it does not state acts or omissions upon which the agency may proceed;

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 95