§ 540-2.814. Hearings.

(a)

General. Hearings to review rent increases shall be conducted pursuant to the procedures prescribed in this section.

(b)

Conduct of Hearing. The park owner and affected mobilehome owners may appear at the hearing and offer oral and documentary evidence. The hearing officer shall have such authority and may make such orders as necessary to assure that the hearing is conducted in a timely manner and a decision rendered within the time limits set forth in this section. The hearing officer shall exercise discretion in the determination of facts. The hearing officer need not require that formal rules of evidence be observed, provided that constitutional rights for a fair hearing are protected. The hearing officer may grant not more than two continuances of the hearing for not more than ten working days each, except that the hearing officer may grant additional continuances upon the park owners request provided the homeowners' representative is provided a reasonable amount of time to review any additional evidence submitted by the park owner. For a hearing on a petition filed by mobilehome owners seeking a rent decrease on account of an alleged park service reduction without a concurrent decrease in space rent, the hearing officer may grant additional continuances upon the mobilehome owners' representative's request, provided the park owner's representative is provided a reasonable amount of time to review any additional evidence submitted by the mobilehome owners' representative.

(c)

Representation of Parties. The parties in a hearing are entitled to be represented by a person or persons of the party's choosing. The representative need not be an attorney. The written designation of a representative(s) shall be filed with the hearing officer at or prior to the time of representation.

(d)

Hearing Findings and Determination. The hearing officer shall, within fifteen working days of the conclusion of the hearing, submit a written statement of decision, including the reasons for the decision by certified mail, return-receipt requested, to the park owner and the homeowners' representative. A copy of the statement of decision shall also be submitted to the rent review officer. The hearing officer may allow the parties to submit briefs or additional information; however, any such submission shall not prolong the decision except upon the written waiver of the park owner. The hearing officer's decision shall determine the amount of rent increase, if any, and the effective date of the rent increase consistent with providing a fair and reasonable return on the involved park owner's investment. However, following a hearing on an advance authorization capital improvement rent increase notice, the rent increase shall not be allowed, and shall not be effective until, the capital improvement has been completed, and the park owner provides the notice required by subdivision (a) of Section 540-2.1208.

(e)

Burden of Proof. The burden of proof on rent increases shall be upon the park owner. The burden of proof on a petition seeking a decrease in space rent on account of a reduction in a park service without a concurrent decrease in space rent shall be upon the mobilehome owners.

(f)

Attorneys Fees. This chapter makes no provision for attorneys fees and costs as between park owners and mobilehome owners with respect to any administrative proceeding regarding this chapter, including any appeal of any administrative decision made pursuant to this chapter. Except as expressly provided herein, under no circumstances shall any provision in this chapter be construed to allow either party to apply for or recover attorneys fees from the other in proceedings under this chapter.

(g)

Decision Final. The decision of the hearing officer is final and binding upon the park owner and all affected mobilehome owners, regardless of whether any affected mobilehome owner signed the petition for a hearing or was present or represented at the hearing. The decision of the hearing officer shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

The parties to the hearing may enter an agreement, which shall be signed by the hearing officer, that the decision of the hearing officer shall be final and binding upon all parties on the same basis as an arbitrator's decision subject to confirmation, correction or vacation, pursuant to Section 1285 et seq. of the Code of Civil Procedure.

(h)

No Decision. If the hearing officer does not render and mail a decision within twenty working days of the conclusion of the hearing, the requested rent increase shall be deemed granted for the period commencing the day after said twentieth working day.

(Ords. 99-24, § 10; 95-53, § 2; 95-31, § 2).