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NS-2841
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Last modified
9/30/2013 12:35:48 PM
Creation date
2/20/2013 11:37:45 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2841
Date
2/4/2013
Destruction Year
P
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the collector a hearing service fee to be specified by resolution of the city council to cover <br />the city's cost in providing an administrative hearing officer, hereinafter ("hearing officer"). <br />(d) All hearings conducted pursuant to this section shall be heard by the same <br />hearing officer who has been appointed by the Santa Ana City Manager pursuant to section <br />1-28.8 of this code. <br />(e) Hearing procedures for hearings conducted pursuant to this section shall be as <br />follows: <br />(1) No hearing to contest a determination of the collector before a hearing <br />officer shall be held unless and until a timely "request for hearing" form <br />has been completed and filed with the collector, and <br />(2) After receipt of the "request for hearing" form and deposit of the hearing <br />service fee, a hearing before the hearing officer shall be set for a date <br />that is not less than fifteen (15) and not more than sixty (60) days from <br />the date that the "request for hearing" is filed in accordance with the <br />provisions of this section. The person requesting the hearing shall be <br />notified at least (10) days prior to the date of the hearing. The failure of <br />any person to appear at the hearing shall constitute a forfeiture of the <br />administrative hearing service fee deposit and shall be a bar to judicial <br />review of the hearing officer decision based upon failure to exhaust <br />administrative remedies. <br />(3) At such hearing the person may appear and offer evidence why the <br />collector's specified tax amount should not be fixed as the license tax <br />amount or why such classification prescribed by the collector as the <br />applicable tax classification should not be fixed. Formal rules of <br />evidence shall not apply. <br />(4) Upon request, the person requesting the hearing shall be provided with <br />reports and other documents relied upon by the collector in making his <br />or her determination. In addition, if the collector, duly authorized <br />revenue officer, or other individual appearing at the hearing as the agent <br />of the collector submits any additional written reports to the hearing <br />officer for consideration at the hearing, then a copy of said <br />documentation shall also be served by mail on the person requesting <br />the hearing. <br />(5) The hearing officer may continue the hearing and request additional <br />information from the collector prior to issuing a written decision. <br />(6) After such hearing, the hearing officer shall determine the proper tax to <br />be charged or classification prescribed and shall forthwith give written <br />Ordinance No. NS-2841 <br />Page 15 of 29
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