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RES 93068
City of Pleasanton
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1990-1999
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1993
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RES 93068
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4/17/2012 11:39:05 AM
Creation date
4/15/1999 8:54:20 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/1/1993
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process, including but not limited to the contest hearing. Any <br />such representation shall be at the sole and exclusive cost of the <br />contestant. No contestant shall be entitled to representation at <br />the expense of the City of Pleasanton, or any other public agency, <br />irrespective of indigency status. <br /> <br /> 2. Conduct of the heariDa. <br /> <br /> a. Initial procedures--hearing officer duties. <br />At the co ..... encement of the hearing, the hearing officer shall: (i) <br />make a pro-hearing statement, briefly explaining the nature of the <br />civil proceedings, the manner of conducting the hearing and the <br />limits on the introduction of evidence, the process of rendering a <br />decision, the effects of the decision in terms of coilechelon <br />remedies available to the City of Pleasanton, the right of the <br />contestant to appeal to the Municipal Court for a de novo hearing, <br />and any other matters in the hearing officer's discretion; (ii) <br />read thor citation into the record; (iii) administer an oath to the <br />contestant-and any prospective witnesses; (iv) record the name and <br />address of the contestant; and (v) record the registered owner's <br />name and~ address, and the contestant ' s relationship to the <br />registered owner, if applicable. <br /> <br /> b. Proof re~lirements--validity of citation. <br /> <br /> ~n~ =~ (i) Burden of proof-validity. Th~ Cit7 <br />of Pleasanton bears the burden of proof, by-a preponderance of_the <br />evidence~. that the citation meets s~atutory requirements for <br />validity. <br /> <br /> (ii) Pzima facie case. If the citation, <br /> or a copy thereof, contains all of the items specified. in- <br /> California- Vehicle Code Section 40202, and if the City of <br /> Pleasanton' has included in the record the information received fr~n <br /> the Department of Motor Vehicles identifying the registered owner. <br /> of the vehicle, the citation and such information shall be prim~ <br /> facie evidence of the facts contained therein, and of the parking <br /> violation. The city Police Department shall not be required to <br /> produce any other information in order to establish the parking <br /> violation. <br /> <br /> (iii) Rebuttal. The contestant may <br /> introduce credible relevant rebuttal evidence relating to-the <br /> validity of the citation. <br /> <br /> c. Proof requirements--contestant ' s defenses. <br /> <br /> -c- -~ (i) Burden of proof--defenses * The <br /> contestant bears the burden of proof, by a preponderance of the <br /> evidence, that although the citation is facially valid, a viable <br /> defense exists which would preclude the ccntestant's liability for <br /> <br /> -7- <br /> <br /> <br />
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