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Ordinance No. NS - ____ <br />Page 30 of 44 <br /> <br />(m) Quantum of Proof. The party who files the Petition shall have the burden <br />of proof. No Petition shall be granted unless supported by the preponderance of the <br />evidence submitted at the hearing. <br /> <br />(n) Time for Decision. The policies and procedures adopted by the Board <br />shall provide for final action on any Petition within a reasonable time. <br /> <br />(o) Notice of Decision. The Hearing Officer shall make a determination on the <br />merits of the Petition and shall provide a written statement of decision, including findings <br />upon which the determination is based. The Hearing Officer’s decision on a Petition <br />may be reasonably conditioned in any manner necessary to effectuate the purposes of <br />this Article. Additionally, the parties to the hearing shall also be notified of their right to <br />any appeal allowed by the Board and/or to judicial review of the decision pursuant to <br />this Division. <br /> <br />(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 /> <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 He aring 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 /> <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 /> <br /> <br />Section 8-3146 – Voluntary Mediation <br /> <br />EXHIBIT 1