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SAN LEANDRO ADMINISTRATIVE CODE TITLE 2 CITY MANAGER (f) Selection of Hearing Officer. If the matter shall be referred to a hearing officer, the City Manager and the Company shall each exchange to the other parry, not later than ten (10) business days after said order of referral by the City Council, the names of three (3) quali- fied, neutral and unaffiliated potential hearing officers. Thereupon, each party shall have ten (10) business days to strike two (2) of the other party's named potential hearing officers and the hearing officer shall be thereafter determined, as between the two remaining names, by lot. Any such hearing officer shall be a person whose professional and technical expertise would qualify that person to act as a neutral, third party in the capacity of a hearing officer. The cost of providing quarters for the hearing, the compensation for the hearing officer, if any, and the per diem cost of any reporter retained to record the proceedings shall be borne equally by the Company and the City Council. If Company fails to pay their share, City Council is authorized to pursue all legal means to obtain reimbursement. The costs incurred by the parties for attorney's fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs. (g) Burden of Proof at Enforcement Hearings. At any hearing conducted pursuant to §2.3.125 above, the City Manager shall have the burden of establishing the violation of these Regulations to the satisfaction of the Council or the hearing officer by a preponder- ance of the evidence. The Company may present such evidence, consistent with §2.3.125(h) below, as it may desire. (h) Process of the Enforcement Hearing. All witnesses testifying at the hearing shall be sworn. Witnesses shall be subject to direct and cross examination. However, formal riles of evidence applicable to the trial of civil or criminal proceedings in the trial courts of this State shall apply to evidence adduced at the hearing only to the extent that such riles are reasonably necessary to the preservation of the probative nature of the evidence proffered. The provisions of the Administrative Procedures Act, commencing at Section 11500 of the Government Code or any successor legislative enactment, shall not be applicable to any such hearing. The hearing may be continued from time to time. (i) Recommended Decision of Hearing Officer. If the hearing is conducted by a hearing offi- cer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact and conclusions. The recommended decision shall be filed with the City Clerk and mailed to the parties not later than thirty (30) calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the City Council may, without a hearing except as otherwise required below, either: (1) Adopt the recommended decision, including findings of fact and conclusions sub- mitted by the hearing officer; (2) Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised; (3) Based upon the record of the hearing, modify the findings of fact, conclusions or de- cision, and adopt the recommended decision as so revised; or Department Responsible for Revision: City Manager Chapter 2.3 11/20/2006 Page 4