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(p) Hearing Record. The record of the hearing shall include: the Petition; all <br />exhibits, papers, and documents required to be filed or accepted into evidence during <br />the proceedings; a list of participants present; a summary of all testimony accepted in <br />the proceedings; a statement of all materials officially noticed; all recommended <br />decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the <br />reasons for each final decision, order and/or ruling. All hearings shall be recorded. <br />(q) Appeal. Any person aggrieved by the decisions of the Hearing Officer <br />may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) <br />days after receipt of the notice of the decision of the Hearing Officer. On appeal, the <br />Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the <br />Board elects to conduct a de novo hearing, Board review of the Hearing Officer's <br />decision shall be based on the hearing record without holding a new hearing. The <br />Board may consider additional evidence for good cause, including evidence which did <br />not exist at the time of the hearing or which could not be discovered using due diligence <br />by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition <br />shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of <br />the Santa Ana Municipal Code. <br />(r) Finality of Decision. The decision of the Hearing Officer shall be the final <br />decision of the Board in the event of no appeal to the Board. The decision of the <br />Hearing Officer shall not be stayed pending appeal; however, in the event that the <br />Board on appeal reverses or modifies the decision of the Hearing Officer, the Board <br />shall order the appropriate party to make retroactive payments, as applicable, to restore <br />the parties to the position they would have occupied had the Hearing Officer's decision <br />been the same as that of the Board. <br />Section 8-3146 — Voluntary Mediation <br />(a) Voluntary mediation services shall be provided by the City. Upon request, <br />the Program Administrator shall appoint a Mediator and set a date for a mediation no <br />later than thirty (30) days after the acceptance of the subject Petition, unless the <br />Program Administrator determines that additional time is required under the <br />circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in <br />writing of the date, time, and place of the mediation hearing at least ten (10) days prior <br />to the mediation. This notice shall be served either in person or through ordinary mail or <br />electronic correspondence. <br />(b) It is the intent and purpose of mediation to provide a process in which <br />Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except <br />as otherwise expressly provided herein, there shall be no penalty or disability, either <br />civil or criminal, for failure to participate in the mediation process, and there shall be no <br />penalty, either civil or criminal, for failure to reach agreement with a disputant in the <br />mediation process. <br />Ordinance No. NS-3027 <br />Page 30 of 43 <br />