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Board denies rehearing in Kearney Street public-health suspension case
Summary
The Board of Appeals denied a rehearing request in a disciplinary matter involving a 15-day suspension upheld by the Department of Public Health; counsel argued the clerk made an unintentional error because of blurred vision and requested a reduction to 7 days or a $200 fine for a first offense.
The Board of Appeals denied a rehearing request in a disciplinary appeal concerning permit activity at 626 Kearney Street. Counsel for appellants (including Hakim Haidarian and Donnie Baker) argued the clerk acted in error because the police decoy presented a California ID card and the clerk had temporary blurred vision supported by a doctor’s note; counsel asked the Board to reduce or rescind a 15-day suspension and impose the Health Code’s $200 fine for a first offense instead.
Deputy City Attorney Terrence Howzell told the Board that under the Board’s rules (Article 5, Section 6) reconsideration requires new facts or circumstances; he said he heard no new facts or circumstances that would meet that standard. Commissioners stated they were sympathetic to the appellant’s circumstances but agreed the rehearing standard was not met.
On a motion to deny the rehearing request, the Board voted 4–0 to deny and ordered that a notice of decision and order be issued.
