FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Rafael A. Rosas
RECOMMENDATION:
title
Approve second extension for the hearing officer’s jurisdiction for an additional period of 180 days, up to and including March 24, 2025, for the Formal Hearing appeal regarding Rafael A. Rosas’ Service-Connected Disability Retirement with Supplemental Retirement Allowance.
body
Requested Benefit:
1. Service-Connected Disability Retirement with Supplemental Retirement Allowance.
BACKGROUND:
On January 5, 2023, the Board referred this matter to an Administrative Hearing to determine member’s incapacities. On January 13, 2023, Applicant was notified that the Board voted to refer this matter to a hearing officer to provide a recommendation regarding the disability retirement application.
On November 30, 2023, Duane E. Bennett was assigned as the Hearing Officer giving him 180 calendar days, up to and including May 28, 2024, to complete the Formal Hearing proceeding, pursuant to Rule 11, of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings.
On January 18, 2024, SBCERA received a Notice of Representation of Counsel, naming Michael J. DeNiro as Applicant’s attorney of Record. Thereafter, the parties agreed that the Formal Hearing would be held on May 14, 2024, and deadlines for submission of evidence were set. SBCERA served its Prehearing Statement and Exhibits on the Hearing Officer and Applicant’s Counsel on March 15, 2024. Applicant’s Prehearing Statement was due on April 1, 2024.
On March 20, 2024, SBCERA received a Notice of Withdrawal of Michael J. DeNiro as Applicant’s attorney of record. Because Applicant is in propria persona, it is necessary to conduct a Prehearing Conference hearing, pursuant to Rule 23 of SBCERA’s Procedures.
On April 4, 2024, the Board approved an extension for the hearing officer’s jurisdiction for a period of 120 days up to and including September 25, 2024, to accommodate scheduling of the Prehearing Conference, reschedule the Formal Hearing, and set new deadlines for submission of evidence.
The Formal Hearing was scheduled for August 8, 2024, however due to additional issues raised by Respondent SBCERA in regard to witness unavailability and submission of additional evidence, the Formal Hearing was vacated and in its stead the Hearing Officer held a Hearing on Issues.
At the Hearing on Issues held on August 8, 2024, the parties agreed to reschedule the Formal Hearing for a three-day hearing, to be held on September 16, September 23, and September 24, 2024. Additionally, the Hearing Officer set due dates for the parties to submit additional evidence to provide information in regard to witnesses and possible rebuttal witnesses. Due to the submission of witness information that has been submitted thus far, it has been determined that rebuttal witnesses will need to be called to testify. SBCERA has been informed that the proposed rebuttal witnesses are not available on the scheduled hearing dates listed above and an additional date or dates will need to be set that will be after the date the hearing officer’s jurisdiction is set to expire.
Staff recommends the Board approve a second extension for the jurisdiction of the hearing officer from September 25, 2024, for a period of 180 days up to and including March 24, 2025. The extension will provide sufficient time for the following: (1) scheduling of an additional hearing date or dates, if necessary, for witness testimony; and, (2) for the hearing officer to receive all of the evidence, both testimonial and documentary, and close the record.
Applicant In Pro Per
Attorney for Respondent - Allison C. Callaghan, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
None.