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Thereafter, the Hearing Officer shall determine <br />whether the applicant is fit and able to per- <br />form such public transportation and to con- <br />form to the provisions of this chapter and the <br />rules and safety standards established by the <br />City of Santa Ana. in making such determination, <br />he shall take into consideration the character, <br />experience, and responsibility, including finan- <br />cial responsibility, of the applicant and such <br />other relevant facts as he may deem advisable. <br /> <br />Section 38-7a. - Same-Report of the Hearing Officer. <br /> <br />The Hearing Officer shall within a reasonable time (not <br />to exceed thirty (30) days from the date the hearing is <br />closed) submit a written report to the Council. Such <br />report shall contain a brief summary of the evidence con- <br />sidered and state the officer's findings, conclusions <br />and recommendation. The recommendations shall include <br />whether public convenience and necessity requires ad- <br />ditional service; if so, whether the applicant is fit <br />and able, the number of certificates the applicant <br />should be issued. The report shall also contain a pro- <br />posed decision in such form that it may be adopted by <br />the Council as its decision in the case. All such re- <br />ports filed with the Council shall be matters of public <br />record. A copy of each such report or proposed decision <br />shall be mailed to each party (by certified mail) on the <br />date it is filed with the Council. <br /> <br />Section 38-7b. - Same-Consideration by the City Council- <br />Notice. <br /> <br />The Council shall fix a time, date and place to consider <br />the Hearing Officer's report and proposed decision. <br />Notice thereof shall be mailed to each interested party <br />not less than five (5) days prior to the date fixed, un- <br />less it is otherwise stipulated by all parties. <br /> <br />Section 38-7c. - Same-Exceptions to Report. <br /> <br />Not later than three (3) days before the date set to <br />consider the report, any party may file written ex- <br />ceptions to any part thereof and may attach thereto <br />a proposed decision together with written argument in <br />support of such decision. By leave of the Council, any <br />party may present oral argument to the Council. <br /> <br />Section 38-7d. - Same-Disposition by the City Council. <br /> <br />The City Council may adopt or reject the proposed <br />decision in its entirety, or may modify the proposed <br />decision. <br /> <br />-9- <br /> <br /> <br />