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<br />2. The Hearing Officer shall have the power and authority to require and administer <br />oaths or affirmations where appropriate, and to take and hear evidence concerning <br />any matter pending before the Hearing Officer. <br /> <br />3. The rules of evidence generally applicable in the courts shall not be binding in the <br />hearing. Hearsay evidence and any and all other evidence which the Hearing Officer <br />deems relevant may be admitted and considered. <br /> <br />4. Any party or such party’s representative, designated in writing by the party, may <br />appear at the hearing to offer such documents, oral testimony, written declaration or <br />other evidence as may be relevant to the proceedings. <br /> <br />5. The Hearing Officer may grant or order not more than two continuances of the <br />hearing for not more than 10 working days each. Additional continuances may be <br />granted only if all parties stipulate in writing or if the Hearing Officer finds that <br />there is a good cause for the continuance. Such continuances may be granted or <br />ordered at the hearing without further written notice to the parties. <br /> <br />6. A recording of the proceedings shall be made or arranged by the Hearing Officer in <br />a format that is made easily available, upon request, within thirty days of the <br />conclusion of the hearing. <br /> <br />7. The hearing shall be conducted in a manner that ensures the parties have an <br />opportunity to obtain documents and to obtain information about the theories and <br />facts to be presented by the opposing parties in adequate time in advance of the <br />hearing to enable preparation of their respective cases. <br /> <br />8. Deadline for Decision: Appeals shall be decided by the Hearing Officer within 90 <br />days of the date of the filing of the appeal and payment of all appellate fees, unless <br />extended by the Hearing Officer for good cause or by the Rent Review Officer to <br />accommodate scheduling availability of a Hearing Officer. <br /> <br />9. Notice of Decision: The Rent Review Officer shall mail hardcopies of the hearing <br />officer’s decision to the Park Owner and all Affected Mobilehome Owners within <br />15 calendar days of the City’s receipt of the Hearing Officer’s written decision. The <br />decision shall be emailed to the Park Owner’s and Mobilehome Owners’ <br />representatives as soon as possible after the decision is received by the City. <br /> <br />J. Modification of Decision in the Event of Mathematical or Clerical Inaccuracies: Any party <br />alleging that the Hearing Officer’s statement of decision contains mathematical or clerical <br />inaccuracies may so notify the Hearing Officer and the other party within 15 calendar days of <br />the date of mailing of the decision. The Hearing Officer may make corrections and shall file a <br />corrected statement of decision within 10 working days after receiving the request to correct. <br />Alternatively, the Hearing Officer may decline to correct the decision and shall so notify the <br />parties of his/her determination. Upon filing a corrected statement of decision or a <br />determination not to correct the decision, the Hearing Officer’s decision shall be final. <br /> <br />K. Preservation of Record: Written findings made by the final decision maker pursuant to this <br />Section shall be permanently preserved in the City records. <br /> <br />[4-39-230] Temporary Rent Increases for Specified Capital Improvements and Capital <br />Replacements.