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10A Action 2019 0520
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10A Action 2019 0520
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
5/20/2019
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18 <br /> <br />2. A hearing officer shall be selected through the California Office of Administrative <br />Hearings (OAH). In the event OAH is unavailable or unable to provide a hearing <br />officer, the City Manager or designee may elect to contract with another agency, <br />lawyer, or law firm that provides arbitration or hearing officer services or may <br />establish a panel from which the hearing officer is selected in accordance with this <br />Section. <br /> <br />3. In the event a list of hearing officers is established, the City Manager or designee <br />shall make all reasonable efforts to ensure that the list is comprised of at least five <br />qualified candidates. A hearing officer shall disqualify himself or herself from <br />serving as Hearing Officer in a particular matter where he/she has a conflict of <br />interest within the meaning of the Political Reform Act (Government Code Section <br />87100 et seq.), and shall otherwise comply with the disqualification provisions of <br />Canon 3.E. of the Code of Judicial Ethics. The City shall make the initial selection <br />of the Hearing Officer from the panel. The parties to the appeal shall be advised in <br />writing of the selected Hearing Officer, and advised of their right to disqualify the <br />selected Hearing Officer within five days of receipt of the notice of selection. In the <br />event of a disqualification, another Hearing Officer shall be randomly selected from <br />the panel by the City, and a new notice of hearing sent to the parties. Each party <br />shall have the right to disqualify one Hearing Officer for a particular appeal if there <br />are five or fewer hearing officers on the list and may disqualify up to two hearing <br />officers if there are eight or more hearing officers on the list. <br /> <br />C. Time of and Scheduling of Hearing. <br /> <br />1. A hearing on the appeal shall commence within 30 days of the selection of the <br />Hearing Officer unless both parties agree to a different schedule. The hearing shall <br />be completed within 15 days after it is commenced. These time deadlines may be <br />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 />
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