ORD 1843 - Laserfiche WebLink

D. Hearing Officer. A heating officer appointed by the City shall consider and decide petitions for rental increases. The hearing officer shall be appointed by the City within ten (10) days after the City Manager has accepted the petition as complete. The hearing officer shall meet one of the following criteria: 1. Completion of a juris doctor or equivalent degree from a school of law and completion of a formal course of training in arbitration which, in the sole judgment of the City, provides that person with the knowledge and skills to conduct a mobilehome space rent hearing in a professional and successful manner; or 2. Possession of the knowledge and skills to conduct a mobilehome rent increase hearing and completion of at least three mobilehome rent increase hearing proceedings that involved issues the City considers similar to those raised by the pending petition. E. Hearings: 1. All heatings shall be open to the public. Heatings shall be held as necessary to hear and decide petitions within the allotted time, and such hearings may be continued as necessary to ensure that the hearing officer has all information he or she deems necessary to make a determination. 2. Except as otherwise set forth herein, the park owner shall bear the burden of production and proof of any factors affecting the need for the proposed rent increase. The park owner shall provide documentation sufficient to provide the heating officer with such information as the hearing officer deems necessary to render an informed decision on the petition. F. Representation. Any party to a heating may be assisted by attorneys or other persons of the party's choice at the party's sole expense. G. Hearing Procedure. 1. The hearing officer shall proceed in the manner required by law, including this Chapter, and shall render findings which support his or her decision and which are supported by the evidence. The heatings shall not be conducted according to technical rules of evidence. Any relevant evidence shall be considered if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repetitious or irrelevant evidence shall be excluded upon order of the heating officer. 2. Although the hearing need not be conducted pursuant to the rules of evidence, the heating officer shall afford the parties a fair hearing including, but not limited to, refraining from taking of any ex pa_rte evidence. The hearing officer shall tape record meetings and make an official record of the hearing, which record shall constitute the exclusive record for the decision of the issues at the heating. The record shall be obtainable for the cost of copying and shall include: all exhibits, papers and documents 20