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10A Action 2019 0304
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10A Action 2019 0304
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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extended by the Hearing Officer for good cause. <br /> <br />2. The hearing may be scheduled during normal business hours of the City unless a <br />majority of the residents that are subject to the appeal requests that the hearing be <br />scheduled outside of normal City business hours. The hearing shall be scheduled at a <br />time that is convenient for the residents’ and Park Owner’s representatives. <br /> <br />D. Presentations by each party at the hearing and of the City staff and experts shall be limited to 30 <br />minutes each unless the Hearing Officer determines good cause exists to extend those time <br />periods. Each party and the City shall be permitted a cumulative total of one hour of cross- <br />examination of the opposing party’s expert witnesses, unless the Hearing Officer determines <br />good cause exists to extend those time periods. The City may provide legal counsel to help <br />prepare the City’s experts for their presentation at the appeal hearing, to defend the City’s <br />expert witness and to cross examine the expert witnesses of the parties. <br /> <br />E. Notwithstanding anything to the contrary stated herein, whether or not the City decides to <br />appear, submit documents and/or briefs, retain counsel to represent the City, or otherwise <br />participate in the administrative appellate proceedings shall be left to the discretion of the City. <br /> <br />F. Written notice of the time, date and place of the hearing shall be given at least 21 days prior to <br />the hearing. <br /> <br />G. Requests for Additional Information Not Previously Provided to the Rent Review Officer by <br />Opposing Party: <br /> <br />1. Either party or the City may request that additional, supporting documentation that <br />was not previously provided to the Rent Review Officer as part of its initial <br />examination and decision be provided to substantiate the claims made by a party. <br />The request shall be presented in writing to the Hearing Officer. <br /> <br />2. The Hearing Officer may order production of such requested documentation if the <br />Hearing Officer determines the information is relevant to the proceedings. <br /> <br />H. Responses: <br /> <br />1. Mobilehome Owners or the Park Owner may submit responses to the decision of the <br />Rent Review Officer or to reports by the City’s experts. Responses shall be <br />submitted to the other parties and the Hearing Officer at least 10 days prior to the <br />hearing. Responses shall be in printed and electronic form. <br /> <br />2. Rebuttal reports may be submitted by the Park Owner, Mobilehome Owners, and/or <br />City or its expert(s). Such reports shall be submitted to the parties and Hearing <br />Officer at least five days prior to a hearing. Rebuttals shall be in printed and <br />electronic form. <br /> <br />3. The parties’ responses and rebuttal reports shall be considered the prehearing briefs <br />of the parties and the City and no other prehearing briefs shall be allowed unless <br />requested by the Hearing Officer for good cause. <br /> <br />I. Conduct of Hearing: <br /> <br />1. The hearing shall be conducted in accordance with such rules and regulations as <br />may be promulgated by the City Council and any rules set forth by the Hearing <br />Officer.
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