Langan

I

Introduction

In this appeal, we consider whether a city official designated by the City of El Monte (City) had the authority under relevant statutes to act as a hearing officer or trier of fact at a disability retirement benefits appeal.

City denied Lupe Langan’s (Langan) application for disability retirement benefits. Langan filed an appeal. City notified her that a City official would act as the hearing officer or trier of fact at the appeal hearing, and that an administrative law judge (ALJ) would only advise on questions of evidence and procedure. Langan objected to the hearing procedure and filed a writ of administrative mandamus. The trial court granted Langan’s petition and ordered that any appeal must be “conducted either by the City Council . . . or conducted solely by an Administrative Law Judge . . . .” City appeals.

We find that pursuant to the authority of Usher v. County of Monterey (1998) 65 Cal.App.4th 210 [ 76 Cal.Rptr.2d 274 ] and Government Code section 21156, City cannot designate a hearing officer to serve as the trier of fact in a disability retirement benefits appeal hearing. Langan is entitled to a hearing conducted by either an ALJ who will…