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ORD 2015
City of Pleasanton
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ORD 2015
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6/30/2023 4:22:02 PM
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1/12/2011 3:44:19 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
1/4/2011
DESTRUCT DATE
PERMANENT
DOCUMENT NO
ORD 2015
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Ordinance
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Ordinance
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written or oral presentation of authority, the manner of such refutation to be <br /> determined by the board or hearing examiner. <br /> 4. Inspection of the Premises. The board or the hearing examiner may inspect any <br /> building or premises involved in the appeal during the course of the hearing, <br /> provided that (i) notice of such inspection shall be given to the parties before the <br /> inspection is made, (11) the parties are given an opportunity to be present during <br /> the inspection, and (iii) the board or the hearing examiner shall state for the <br /> record upon completion of the inspection the material facts observed and the <br /> conclusions drawn therefrom. Each party then shall have a right to rebut or <br /> explain the matters so stated by the board or hearing examiner. <br /> Section 6.05 Method and Form of Decision <br /> A. Hearing Before Board Itself. When a contested case is heard before the board <br /> itself, a member thereof who did not hear the evidence or has not read the entire <br /> record of the proceedings shall not vote on or take part in the decision. <br /> B. Hearing before Exarniner. If a contested case is heard by a hearing examiner <br /> alone, the examiner shall within a reasonable time (not to exceed 90 days from <br /> the date the hearing is closed) submit a written report to the board. Such report <br /> shall contain a brief summary of the evidence considered and state the <br /> examiner's findings, conclusions, and recommendations. The report also shall <br /> contain a proposed decision in such form that it may be adopted by the board as <br /> its decision in the case. All examiner's reports filed with the board shall be <br /> matters of public record. A copy of each such report and proposed decision shall <br /> be mailed to each party on the date they are filed with the board. <br /> C. Consideration of Report by Board - Notice. The board shall fix the time, date, and <br /> place to consider the examiner's report and proposed decision. Notice thereof <br /> shall be mailed to each interested party not less than five days prior to the date <br /> fixed, unless it is otherwise stipulated by all of the parties. <br /> D. Exceptions to Report. Not later than two days before the date set to consider the <br /> report, any party may file written exceptions to any part or all of the examiner's <br /> report and may atl:ach thereto a proposed decision together with written <br /> argument in support of such decision. By leave of the board, any party may <br /> present oral argument to the board. <br /> E. Disposition by the Board. The board may adopt or reject the proposed decision in <br /> its entirety, or may modify the proposed decision. <br /> F. Proposed Decision Not Adopted. If the proposed decision is not adopted as <br /> provided in Subsection (E), the board may decide the case upon the entire <br /> record before it, with or without taking additional evidence, or may refer the case <br /> to the same or another examiner to take additional evidence. If the case is <br /> reassigned to a hearing examiner, the examiner shall prepare a report and <br /> proposed decision as provided in Subsection (B) hereof and after any additional <br /> evidence is submitted. Consideration of such proposed decision by the board <br /> shall comply with the provisions of this section. <br /> G. Form of Decision. The decision shall be in writing and shall contain findings of <br /> fact, a determination of the issues presented, and the requirements to be <br /> 85 <br />
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