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07/06/2021 Regular
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Correspondence - Non-Agenda
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(a) Hearing Officer. A Hearing Officer appointed by the Rent Board shall conduct a hearing to <br />act upon the Petition, and shall have the power to administer oaths and affirmations, and to <br />render a final decision on the merits of the Petition, subject to the provisions of this Chapter. <br />(b) Notice. The Rent Board shall notify the Landlord, if the Tenant/Mobilehome <br />Owner/Resident, or the Tenant/Mobilehome Owner/Resident filed the Petition, if the Petition <br />was filed by the Landlord, of the receipt of such a Petition and provide a copy thereof. <br />(c) Time of Hearing. Each party to a Petition shall receive sufficient advance notice of the <br />bases, theories, and relevant documents to be presented by the other party(ies), and of the time, <br />date, and place of any hearing regarding the Petition. <br />(d) Developing the Record. The Hearing Officer may require either party to a Petition to <br />provide any books, records, and papers deemed pertinent. If the Hearing Officer finds good cause <br />to believe that a building or other inspection would assist in resolving the issues raised by the <br />Petition, the Hearing Officer may conduct an inspection and/or request the City to conduct an <br />inspection. The Tenant/Mobilehome Owner/Resident may request the Hearing Officer to order <br />such an inspection prior to the date of the hearing. All documents required under this subsection <br />shall be made available to the parties involved prior to the hearing. The parties to the hearing <br />may be present during the inspection. <br />(e) Open Hearings. All hearings conducted pursuant to this section shall be open to the public <br />unless prohibited by state or federal law. <br />(f) Right of Assistance. All parties to a hearing conducted pursuant to this section may have <br />assistance in presenting evidence and developing their position from attorneys, legal workers, or <br />any other persons designated by said parties. <br />(g) Hearing Record. The Rent Board shall make available for inspection and copying any <br />official record that shall constitute the exclusive record for decision on the issues at the hearing. <br />The record of the hearing, or any part of one, shall be obtainable for the reasonable cost of <br />copying, without cost. All hearings shall be audio or video recorded, as ordered by the Hearing <br />Officer, and any party to the Petition may receive a copy of the recording upon payment of a <br />reasonable cost. <br />(h) Quantum of Proof and Notice of Decision. No Petition for Individual Rent Adjustment, <br />whether upward or downward, shall be granted unless supported by the preponderance of the <br />evidence submitted prior to and at the hearing. All parties to a hearing shall be sent a notice of <br />the decision and a copy of the findings of fact and law upon which said decision is based. At the <br />72 <br />
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