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Building Inspection Commission requires 14-day deadline for pre-hearing submissions in Section 41.23 appeals
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Summary
The San Francisco Building Inspection Commission unanimously approved a rules amendment March 3 requiring appellants seeking extensions under Section 41.23 to submit pre-hearing statements and supporting documents at least 14 days before scheduled hearings.
The San Francisco Building Inspection Commission on March 3 unanimously approved an amendment to its hearing rules that requires appellants seeking extensions under Section 41.23 to submit pre-hearing statements and any supporting documents at least 14 days before the scheduled hearing.
Commissioners said the change, which replaces permissive language allowing appellants to "may" submit materials with language that appellants "must" submit materials to have them considered at the hearing, is intended to help the commission manage heavy caseloads and avoid last-minute filings.
The amendment applies to Section 7, "Written Submittals," subsection (a), on page 5 of the proposed rules changes. An unidentified commissioner who introduced the wording said the change would clarify that appellants who want their written submissions considered at the hearing would need to file them in advance rather than presenting documents on the day of the hearing.
Deputy City Attorney Rob Capla advised the commission that the added deadline should be framed as the final opportunity to supply supporting information. As Capla summarized during the discussion: "this is the last chance to submit information," adding that the commission could include language that material provided with a notice of appeal will remain part of the record.
A commissioner moved to approve the rules with the suggested amendment to the written-submittal language; another commissioner seconded the motion. The commission took no public comment on the item. The motion passed on a roll-call vote with Commissioners Chavez, Newman, Ming and Williams voting yes. President Alexander Tude was excused.
The meeting immediately moved to adjournment following the vote; the amendment will take effect as provided in the commission’s rules and procedures.
No specific effective date, implementation steps, or additional procedural language beyond the 14-day deadline was specified during the discussion.
