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SAN LEANDRO ADMIT.___.:ATIVE CODE <br />TITLE 34.2 CITYMANAGER <br />Chapter 13 Basic Cable Television Service Tier -Rate Regulations <br />(h) Process of the Enforcement Hearing. All witnesses testifying at the hearing shall be <br />sworn. Witnesses shall be subject to direct and cross examination. However, formal <br />rules of evidence applicable to the trial of civil or criminal proceedings in the trial courts <br />of this State shall apply to evidence adduced at the hearing only to the extent that such <br />rules are reasonably necessary to the preservation of the probative nature of the evidence <br />proffered. The provisions of the Administrative Procedures Act, commencing at section <br />11500 of the Government Code or any successor legislative enactment, shall not be <br />applicable to any such hearing. The hearing may be continued from time to time. <br />(1) Recommended Decision of Hearing Officer. If the hearing is conducted by a hearing <br />officer, the officer shall, upon conclusion of the hearing, prepare a recommended <br />decision which includes findings of fact and conclusions. The recommended decision <br />shall be filed with the City Clerk and mailed to the parties not later than thirty (30) <br />calendar days after conclusion of the hearing. Upon receipt of such a recommended <br />decision, the City Council may, without a hearing except as otherwise required below, <br />either: <br />(1) Adopt the recommended decision, including findings of fact and conclusions <br />submitted by the hearing officer; <br />(2) Adopt the findings of fact and conclusions contained in the recommended <br />decision, modify the decision, and adopt the recommended decision as so revised; <br />(3) Based upon the record of the hearing, modify the findings of fact, conclusions or <br />decision, and adopt the recommended decision as so revised; or <br />(4) Reject the recommended decision and conduct a new hearing before a hearing <br />officer provided at Council's expense. <br />If the City Council shall act under either subsections (2), (3) or (4) above, the Council <br />shall set forth clearly its rationale and reasoning for so doing. <br />(j) Findings by City Council. If the hearing is conducted by the City Council, upon <br />conclusion of the proceedings, the Council shall adopt a decision which includes findings <br />of fact and conclusions. <br />§31-.4.2.3.130: REMEDIES. <br />Department Responsible for Revision: City Manager Chapter 2.3 <br />2006 Page 5 <br />