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ORD 1608
City of Pleasanton
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ORD 1608
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Last modified
10/27/2003 12:40:01 PM
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3/9/1999 6:03:20 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 1608
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Ordinance No. 1608 <br />Page Five <br /> <br /> F. Representation. Any party to a hearing may be assisted by <br /> attorneys or other persons of the party's choice at the <br /> party's sole expense. <br /> G. Hearing Procedure. The Hearing Officer shall proceed in <br /> the manner required by law, including this Chapter, and shall <br /> render findings which support his or her decision and which <br /> are supported by the evidence. The hearings shall not be <br /> conducted according to technical rules of evidence and <br /> witnesses. Any relevant evidence shall be considered if it is <br /> the sort of evidence upon which reasonable persons are <br /> accustomed to rely in the conduct of business affairs, <br /> existence of any common law or statutory <br /> regardless of the <br /> rule which might make improper the admission of such evidence <br /> over objection in civil actions. Unduly repetitious or <br /> irrelevant evidence shall be excluded upon order of the <br /> Hearing Officer. <br /> <br /> Although the hearing need not be conducted pursuant to the <br /> rules of evidence, the Hearing Officer shall afford the <br /> parties a fair hearing including, but not limited to, <br /> refraining from taking of any ex parte evidence. The Hearing <br /> Officer shall tape record meetings and make an official record <br /> of the hearing, which record shall constitute the exclusive <br /> record for the decision of the issues at the hearing- The <br /> record shall be obtainable for the cost of copying and shall <br /> include: all exhibits, papers and documents filed or accepted <br /> into evidence during the proceedings; a list of participants <br /> present; a statement of all decisions, orders or rulings; all <br /> final decisions and orders. A stenographic record of the <br /> proceedings may be obtained upon payment of the cost of <br /> preparing such a record by the party requesting such record. <br /> H. Time for Decision. The Hearing Officer shall make a final <br /> decision within ninety days of the submission of a complete <br /> Base Year Rent Adjustment petition, and no later than twenty- <br /> one days after the conclusion of the hearing on any petition. <br /> The time limits may be extended upon consent of the Park <br /> Owner. <br /> I. Base Year Rent AdjustmentS- If the Hearing Officer's <br /> determination is that all or a portion of the proposed Base <br /> Year Rent adjustment shall be granted under the circumstances, <br /> then the Hearing Officer shall grant all or such portion of <br /> the Base Year Rent adjustment effective as of the time such <br /> increase would have been otherwise effective without the <br /> intervention of this Chapter. Unpaid amounts of such adjusted <br /> rent may be billed to the Home Owners in equal installments <br /> over a twelve-month period as a surcharge to the increased <br /> rent. <br /> <br /> <br />
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