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Section 38-4 - Same- Absence of Public Convenience <br /> <br />and Necessity <br /> <br />Before any Certificate of Public Convenience and <br />Necessity to operate an ambulance, motorbus, or <br />taxicab in the City of Santa Ana may be granted <br />by the City Council, a public hearing shall be <br />held to determine whether the Public Convenience <br />and Necessity require a proposed service for which <br />application is made. If the Public Convenience <br />and Necessity does not require the proposed service, <br />as finally determined from investigations and from <br />the hearing, no Certificate of Public Convenience <br />and Necessity for such additional service will be <br />granted by the City Council. <br /> <br />Section 38-5 - Same-Notice of Hearing and Appoint- <br />ment of Hearing Officer. <br /> <br />Upon the filing of an application, the Clerk of <br />the Council shall appoint a hearing officer and <br />fix a time and place for public hearing thereon. <br />If two or more applications are on file, the Clerk <br />may schedule all such applications to be heard at <br />the same time. Written notice of the time and place <br />of the hearing shall be given to the applicant or <br />applicants and to all persons holding similar <br />Certificates or engaged in like businesses in the <br />City, at least'ten (10) days prior thereto, by <br />either causing a copy of such notice to be delivered <br />to the applicant(s) and above described persons. <br />personally or by mailing a copy t~ereof by certified <br />or registered mail addressed to the applicant(s) <br />at the address or addresses shown in the applica- <br />tion and to all other persons at their last known <br />address. Notice shall be given to the public by <br />publication in the newspaper published in the City <br />not less than five (5) days nor more than fifteen <br />(15) days prior to the date of the hearing. <br /> <br />The notice shall be substantially in the following <br />form: <br /> <br />"You'are hereby notified that a hearing <br />will be held before (name of hearing officer) <br />at <br /> <br />on the day of , 19 <br />at the hour of on the applic-~ion <br />of for a Certificate <br />of Convenience and Necessity to operate <br /> in the City of Santa Ana. <br />You may be present at the. hearing. You may, <br />but need not be represented by counsel. You <br />may present any relevant evidence.and.you <br />will be given full opportunity to rebut the <br />testimony of all persons testifying at this <br />hearing. <br /> <br />"You are reminded that pursuant to Section <br />38-6 of the Santa Ana Municipal Co~, the <br />applicant has the burden of proof at this <br />hearing." <br /> <br />-8- <br /> <br /> <br />