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<br />SAN LEANDRO ADMINISTRATIVE CODE <br /> <br />TITLE M J. <br /> <br />CABLE TELEVISION CITY MANAGER <br /> <br />Chapter! 1. <br /> <br />Basic Cable Television Service Tier-Rate Regulations <br /> <br />Council. Notwithstanding the foregoing, the nature and extent of evidence which <br />may be presented by the City Manager in any subsequent Enforcement Hearing <br />pursuant to section 31.1.l25( d) below shall not be limited or abridged by reason <br />of the presentment or non-presentment or recitation or non-recitation of such <br />evidence in the course ofthe probable cause determination. <br /> <br />(d) Enforcement Hearines. Upon a determination of the City Manager or the Council <br />pursuant to section 31.1.125(a) above, the probable cause exists to believe that the <br />Company has failed, neglected or refused to comply with the provisions of these <br />Regulations, the City Council may hold such hearings, conduct such procedures and <br />impose such remedies as are authorized by these Regulations. <br /> <br />(e) Conduct of Enforcement Hearines. The hearing may be conducted either by the City <br />Councilor, at the sole discretion of the City Council, by a hearing officer appointed by <br />the City Manager to conduct the hearing. <br /> <br />(1) Selection of Hearine Officer. If the matter shall be referred to a hearing officer, the City <br />Manager and the Company shall each exchange to the other party, not later than ten (10) <br />business days after said order of referral by the City Council, the names of three (3) <br />qualified, neutral and unaffiliated potential hearing officers. Thereupon, each party shall <br />have ten (10) business days to strike two (2) of the other party's named potential hearing <br />officers and the hearing officer shall be thereafter determined, as between the two <br />remaining names, by lot. Any such hearing officer shall be a person whose professional <br />and technical officer shall be thereafter determined, as between the two remaining names, <br />by lot. Any such hearing officer shall be a person whose professional and technical <br />expertise would qualify that person to act as a neutral, third party in the capacity of a <br />hearing officer. The cost of providing quarters for the hearing, the compensation for the <br />hearing officer, if any, and the per diem cost of any reporter retained to record the <br />proceedings shall be borne equally by the Company and the City Council. If Company <br />fails to pay their share, City Council is authorized to pursue all legal means to obtain <br />reimbursement. The costs incurred by the parties for attorney's fees, expert witness fees <br />and other expenses shall be borne solely by the party incurring the costs. <br /> <br />(g) Burden of Proof at Enforcement Hearines. At any hearing conducted pursuant to <br />section 31.1.125 above, the City Manager shall have the burden of establishing the <br />violation of these Regulations to the satisfaction of the Council or the hearing officer by a <br />preponderance of the evidence. The Company may present such evidence, consistent <br />with section 31.1.125(h) below, as it may desire. <br /> <br />Department Responsible for Revision: City Manager <br />2006 <br /> <br />Chapter 2.3 <br />Page 4 <br /> <br />34 <br />