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Section 38-7e. Same-Proposed Decision Adopted. <br /> <br />If the Council adopts the decision in its entirety, it <br />shall instruct the Clerk of the Council to: <br /> <br />(1) Issue such certificates of convenience and <br /> necessity as were recommended by the Hearing Officer. <br /> <br />(2) Deny the application or applications because: <br /> <br />(a) <br /> <br />There was no finding by the Hearing Officer <br />that the public convenience and necessity <br />requires additional service of the type <br />proposed; or <br /> <br />there was a finding that the applicant <br />was either not fit and/or able to perform <br />such public transportation; and/or not able <br />to conform to the provisions of this chapter <br />or rules and safety standards established by <br />the City of Santa Ana. <br /> <br />Section 38-7f. Same-Proposed Decision Rejected. <br /> <br />If the Council chooses to reject the proposed decision as <br />to an individual applicant, then it may decide the case upon <br />a review of the entire record before the Hearing Officer, <br />taking into consideration those factors set forth in <br />Section 38-7, with or without taking additioD~l evidence; <br />or may refer the case to the same or another hearing officer <br />to take additional evidence. The Council may refer the <br />matter to the same or another ~earing Officer with or with- <br />out instruction that the,.-matter of convenience and necessity <br />has already been proven or the matter of the applicant's fitness <br />and ability to perform public transportation has been proven. <br />If the case is reassigned to a hearing officer, he shall pre- <br />pare a report and proposed decision as provided in Section <br />38-7a, hereof, after hearing additional evidence and the new <br />decision shall be considered by the Council as provided <br />in Section 38-7d. <br /> <br />Section 38-7q. Same-Modification of Proposed Decision. <br /> <br />If the Council chooses to modify the proposed decision <br />only with respect to the total number of certificates required <br />or the number of certificates to be granted to one or more <br />applicants, it may refer the matter to the Hearing Officer <br />for rehearing or hear the matter directly, limiting additional <br />evidence to that issue. <br /> <br />Section 38-8. Certificate of Public Convenience and <br />Necessity-Grounds for Denial. <br /> <br />In addition to the grounds set forth governing the issuance <br />of a certificate of public convenience and necessity upon <br />which an application may be denied, City Council or the <br />Hearing Officer may deny the same if it shall appear to <br />its/his satisfaction that such vehicle or vehicles pro- <br />posed to be operated are inadequate or unsafe; that the <br />applicant has been convicted of a felony; that the name <br />under which the applicant will do business or the <br />applicant's proposed color scheme or other insignia will <br />tend to confuse the identification of the vehicles proposed <br />to be operated by such applicant, with those of another <br />operating in the City. <br /> <br />- 10 - <br /> <br /> <br />