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Section 38-5a. - Same-General Powers of the Hearing <br />Officer. <br /> <br />The Hearing Officer may receive and rule on the ad- <br />missibility of any evidence, hear testimony under <br />oath, call witnesses as he may deem advisable in the <br />course of the hearing, and may elect to hear all the <br />applicants on the issue of Convenience and Necessity <br />and then hear the individual applicants on the issue <br />of fitness, etc., in the order of the filing of <br />their applications. <br /> <br />Section 38-6 - Same-Burden of Proof. <br /> <br />In the hearing provided for herein, the burden Of <br />proof shall be upon the applicant to establish by <br />clear, cogent, and convincing evidence that the public <br />convenience and necessity require such operation of <br />the service for which application has been made and <br />that the applicant is fit and able to perform such <br />transportation .of persons and property as proposed in <br />the application. <br /> <br />Section 38-7 - Same-General Procedure to be Followed <br /> <br />by the Hearing Officer. <br /> <br />The Hearing Officer shall substantially follow the <br />procedure and consider the factors set forth herein: <br /> <br />The Hearing Officer shall first determine <br />whether further service of the type proposed <br />by the applicaDts is required in'the City of <br />Santa Ana by public convenience and necessity. <br />In making such finding, the Hearing Officer <br />shall take into consideration the following: <br /> <br />a. The number of vehicles already authorized <br /> in the City. <br /> <br />b. Whether existing authorized vehicles are <br /> adequate to meet the public needs. <br /> <br />¢. The probable effect of the proposed increase <br /> in vehicle number on local taxi conditions. <br /> <br />Whether the increased service will result <br />in competition that will be adverse to the <br />public interest. <br /> <br />e. The working conditions and wages paid to drivers. <br /> <br />The resulting effect uponthe business of the <br />existing operators and upon existing agencies <br />of mass transportation. <br /> <br />g. The demand of the public for additonal service. <br /> <br />h. The ratio of population to the number of <br /> authorized taxicabs in comparable cities. <br /> <br />i. Whether the present service is inadequate. <br /> <br />If the Hearing Officer finds that the public con- <br />venience and necessity requires additional vehicles <br />for hire, he ~hall then determine how many addition- <br />al vehicles for hire are required by the public <br />convenience and necessity. <br /> <br />-9- <br /> <br /> <br />