FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Christopher A. Hayes
RECOMMENDATION:
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Dismiss with prejudice the appeal of the Disability Retirement Application of Christopher A. Hayes - San Bernardino County - County Fire, due to Applicant’s noncooperation to complete the Formal Hearing record pursuant to SBCERA Procedures for Disability Retirement Applications and Formal Hearing, Rule 33(c) - Dismissal for Lack of Prosecution.
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BACKGROUND:
On March 31, 2023, Applicant, Christopher A. Hayes applied for a service-connected disability retirement. On August 1, 2024, the Board found that Applicant is not permanently incapacitated for the performance of duties and denied the disability retirement.
On August 27, 2024, Applicant requested to proceed to a Formal Hearing proceeding. However, after review of the appeal by Legal Services, it was determined that the claimed injuries listed on the appeal form were not the same injuries as presented to the Board; therefore, on February 26, 2025, Applicant completed a revised form to correct and list only the injury that was considered by the Board.
On May 29, 2025, Michael Reiter was assigned as the hearing officer in the Formal Hearing proceeding. On July 23, July 30, August 12 and August 18, 2025, SBCERA attempted to reach out to Applicant via e-mail to obtain his availability to schedule a prehearing conference and formal hearing. On August 18, 2025, SBCERA also attempted to reach Applicant by telephone at the phone number on file and left a detailed message in regard to the dates selected for the hearings. On August 19, 2025, SBCERA received a reply e-mail from Applicant’s e-mail address, however no written response was provided in the e-mail.
Having received no written or verbal response from the Applicant, on August 20, 2025, SBCERA mailed to the parties the Notice of Setting Prehearing Conference (set for August 27, 2025), and Formal Hearing (set for November 3, 2025).
On August 27, 2025, the Prehearing Conference was held, however Applicant failed to appear at the scheduled hearing.
Despite multiple efforts to reach the Applicant, the inability to do so, and his failure to appear at the Prehearing Conference on September 3, 2025, a Notice of Suspension of Administrative Appeal (Formal Hearing) and Notice to Vacate the Formal Hearing was sent out to the parties.
On September 3, 2025, a letter was sent to the Applicant, giving him up to and including September 17, 2025, to respond and advise if he wished to proceed with the appeal. Applicant was further advised that failure to respond would result in this matter being sent back to the Board to consider dismissal of the application, with prejudice for failure to pursue the appeal, pursuant to Rule 33, subsection (c) of SBCERA’s Procedures.
Because Applicant did not respond by the due date, on September 22, 2025, a Notice of Termination of Hearing Officer’s Jurisdiction and Notice to Return to Board pursuant to Rule 33(c) was sent to the parties.
Lastly, as of the date of preparation of this Board Agenda item, no response has been received from the Applicant.
Therefore, staff recommends the Board dismiss with prejudice the appeal of the Board’s determination of Applicant’s Disability Retirement Application in its entirety, due to noncooperation by the Applicant, pursuant to Rule 33(c) of SBCERA’s Procedures.
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: SBCERA Letter Notice of Setting Prehearing Conference and Formal Hearing, dated August 20, 2025
Exhibit B: SBCERA Letter Notice of Suspension of Administrative Appeal and Notice to Vacate Formal Hearing, dated September 3, 2025
Exhibit C: SBCERA Letter to Applicant Request to Respond, dated September 3, 2025
Exhibit D: SBCERA Letter Notice of Termination of Hearing Officer’s Jurisdiction and Notice to Return to Board Per Rule 33(c) - Dismissal for Lack of Prosecution, dated September 22, 2025
Exhibit E: Revised - Request for Administrative Review, dated February 26, 2025
Exhibit F: Applicant’s Statement of Facts
Exhibit G: Department’s Statement of Facts
Exhibit H: Job Description, Physical Requirements Questionnaire