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6.60.090 <br />may implement such adjustment as of <br />the date such adjustment would other- <br />wise have been effective without the <br />intervention of this chapter. <br />D. Hearing Officer: A hearing officer <br />appointed by the city shall consider and <br />decide petitions for base year rent ad- <br />justment petitions. The hearing officer <br />shall be appointed by the city within <br />ten (10) days after the city manager has <br />accepted the petition as complete. The <br />hearing officer shall meet one of the <br />following criteria: <br />1. Completion of a juris doctor or <br />equivalent degree from a school of law <br />and completion of a formal course of <br />training in arbitration which, in the sole <br />judgment of the city, provides that <br />person with the knowledge and skills to <br />conduct a mobilehome space rent hear- <br />ing in a professional and successful <br />manner; or <br />2. Possession of the knowledge and <br />skills to conduct a mobilehome base <br />year rent adjustment hearing and com- <br />pletion of at least three (3) mobilehome <br />base year rent adjustment hearing pro- <br />ceedings that involved issues the city <br />considers similar to those raised by the <br />pending petition. <br />E. Hearings: <br />1. All hearings shall be open to the <br />public. Hearings shall be held as neces- <br />sary to hear and decide petitions within <br />the allotted time and such hearings may <br />be continued as necessary to ensure that <br />the hearing officer has all information <br />he or she deems necessary to make a <br />determination. <br />2. Except as otherwise set forth <br />herein, the park owner shall bear the <br />burden of production and proof of any <br />factors affecting the need for the pro- <br />posed base year rent adjustment. The <br />park owner shall provide documentation <br />sufficient to provide the hearing officer <br />with such information as the hearing <br />officer deems necessary to render an <br />informed decision on the petition. <br />F. Representation: Any party to a <br />hearing may be assisted by attorneys or <br />other persons of the party's choice at <br />the party's sole expense. <br />G. Hearing Procedure: <br />1. The hearing officer shall proceed <br />in the manner required by law, includ- <br />ing this chapter, and shall render find- <br />ings which support his or her decision <br />and which are supported by the evi- <br />dence. The hearings shall not be con- <br />ducted according to technical rules of <br />evidence. Any relevant evidence shall <br />be considered if it is the sort of evi- <br />dence upon which reasonable persons <br />are accustomed to rely in the conduct <br />of business affairs, regardless of the <br />existence of any common law or statu- <br />tory rule which might make improper <br />the admission of such evidence over <br />objection in civil actions. Unduly repe- <br />titious or irrelevant evidence shall be <br />excluded upon order of the hearing <br />officer. <br />2. Although the hearing need not be <br />conducted pursuant to the rules of <br />evidence, the hearing officer shall af- <br />ford the parties a fair hearing including, <br />but not limited to, refraining from tak- <br />ing of any ex pane evidence. The hear- <br />ing officer shall tape record meetings <br />and make an official record of the hear- <br />ing, which record shall constitute the <br />192-57 (Pleasanton April 2003) <br />