2002 FEBRUARY - Laserfiche WebLink

6.60.090 may implement such adjustment as of the date such adjustment would other- wise have been effective without the intervention of this chapter. D. Hearing Officer: A hearing officer appointed by the city shall consider and decide petitions for base year rent ad- justment petitions. 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 hear- ing in a professional and successful manner; or 2. Possession of the knowledge and skills to conduct a mobilehome base year rent adjustment hearing and com- pletion of at least three (3) mobilehome base year rent adjustment hearing pro- ceedings that involved issues the city considers similar to those raised by the pending petition. E. Hearings: 1. All hearings shall be open to the public. Hearings shall be held as neces- sary 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 pro- posed base year rent adjustment. The park owner shall provide documentation sufficient to provide the hearing officer with such information as the hearing officer deems necessary to render an informed decision on the petition. F. Representation: Any party to a hearing 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, includ- ing this chapter, and shall render find- ings which support his or her decision and which are supported by the evi- dence. The hearings shall not be con- ducted according to technical rules of evidence. Any relevant evidence shall be considered if it is the sort of evi- dence upon which reasonable persons are accustomed to rely in the conduct of business affairs, regardless of the existence of any common law or statu- tory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repe- titious or irrelevant evidence shall be excluded upon order of the hearing officer. 2. Although the hearing need not be conducted pursuant to the rules of evi- dence, the hearing officer shall afford the parties a fair hearing including, but not limited to, refraining from taking of any ex parte evidence. The hearing officer shall tape record meetings and make an official record of the hearing, which record shall constitute the 192-57 (Pleasanton February 2002)