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Last modified
1/3/2012 1:04:40 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1394
Date
2/6/1978
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ORDINANCE NO. NS- 1394 <br />PAGE TWENTY-FIVE <br /> <br />Sec. 32-62. Same - Notice of hearing and appointment of hear- <br /> ing officer. <br /> <br />Upon the filing of an application, the clerk of the council <br />shall appoint a hearing officer and fix a time and place for <br />public hearing thereon. If two (2) or more applications are <br />on file, the clerk may schedule all such applications to be <br />heard at the same time. Written notice of the time and place <br />of the hearing shall be given to the applicant or applicants <br />and to all persons holding similar certificates or engaged in <br />the same business in the city, at least ten (10) days prior <br />thereto, by either causing a copy of such notice to be de- <br />livered to the applicant(s) and above described persons per- <br />sonally or by mailing a copy thereof by certified or registered <br />mail addressed to the applicant(s) at the address or addresses <br />shown in the application and to all other persons at their last <br />known address. Notice shall be given to the public by publica- <br />tion in the newspaper published in the city.not less than five <br />(5) days nor more than fifteen (15) days prior to the date of <br />the hearing. <br /> <br />The notice shall be substantially in the following form: <br /> <br />Sec · <br /> <br /> "You are hereby notified that a hearing will be <br /> held before (name of hearing officer) at ..... <br /> ............... on the .............. day of ......... , <br /> 19 .... at the hour of .......... on the application of <br /> ................................ 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, but need <br /> not be represented by counsel. You may present any <br /> relevant evidence and you will be given full oppor- <br /> tunity to rebut the testimony of all persons testify- <br /> ing at this hearing. <br /> <br /> "You are reminded that pursuant to Section 32-7 of <br /> the Santa Ana Municipal Code, the applicant has the <br /> burden of proof at this hearing." <br /> <br />32-63. Same - General powers of the hearing officer. <br /> <br />The hearing officer may receive and rule on the admissibility <br />of any evidence, hear testimony under oath, call witnesses <br />as he may deem advisable in the course of the hearing, and <br />may elect to hear all the applicants on the issue of con- <br />venience and necessity and then hear the individual applicants <br />on the issue of fitness, etc., in the order of the filing of <br />their applications. <br /> <br />Sec. 32-64. Same - Burden of proof. <br /> <br />In the hearing provided for herein, the burden of proof shall <br />be upon the applicant to establish by clear, cogent, and con- <br />vincing evidence that the public convenience and necessity <br />require such operation of the service for which application <br />has been made and that the applicant is fit and able to per- <br />form such transportation of persons and property as proposed <br />in the application. <br /> <br /> <br />
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