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ORDINANCE NO. NS- 1394 <br />PAGE TWENTY-SEVEN <br /> <br />Sec. 32-68. Same - Exceptions to report. <br /> <br />Not later than three (3) days before the date set to consider <br />the report, any party may file written exceptions to any part <br />thereof and may attach thereto a proposed decision together <br />with written argument in support of such decision. By leave <br />of the council, any party may present oral argument to the <br />council. <br /> <br />Sec. 32-69. Same - Disposition by the city council. <br /> <br />The city council may adopt, reject or modify the proposed <br />decision in accordance with the standards set forth in this chapter. <br /> <br />Sec. 32-70. Same - Proposed decision adopted. <br /> <br />If the council adopts the decision in its entirety, it shall <br />instruct the clerk of the council to: <br /> <br />(1) Issue such certificates of convenience and necessity <br /> 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 re- <br />quire additional service of the type proposed; <br /> <br />or <br /> <br />(b) <br /> <br />There was a finding that the applicant was either <br />not fit and/or able to perform such public trans- <br />portation; and/or not able to conform to the pro- <br />visions of this chapter or rules and safety stand- <br />ards established by the City of Santa Ana. <br /> <br />Sec. 32-71. Same - Proposed decision rejected. <br /> <br />If the council chooses to reject the proposed decision as to <br />an individual applicant, then it may decide the case upon a <br />review of the entire record before the hearing officer, taking <br />into consideration those factors set forth in section 32-65, <br />with or without taking additional evidence; or may refer the <br />case to the same or another hearing officer to take additional <br />evidence. The council may refer the matter to the same or <br />another hearing officer with or without instruction that the <br />matter of convenience and necessity has already been proven <br />or the matter of the applicant's fitness and ability to perform <br />public transportation has been proven. If the case is re- <br />assigned to a hearing officer, he shall prepare a report and <br />proposed decision as provided in section 32-66 hereof, after <br />hearing additional evidence and the new decision shall be <br />considered by the council as provided in section 32-69. <br /> <br />Sec. 32-72. Same - Modification of proposed decision. <br /> <br />If the council chooses to modify the proposed decision only <br />with respect to the total number of certificates required or <br />the number of certificates to be granted to one or more appli- <br />cants, it may refer the matter to the hearing officer for re- <br />hearing or hear the matter directly, limiting additional evi- <br />dence to that issue. <br /> <br /> <br />