§ 90-249. Conduct of hearing.

All witnesses testifying at the enforcement hearing shall be sworn. Witnesses shall be subject to direct and cross examination. However, formal rules of evidence applicable to the trial of civil or criminal proceedings in the trial courts of this state shall not be applicable to the hearing. The provisions of the Administrative Procedure Act, Government Code § 11500 et seq., or any successor legislative enactment, shall not be applicable to any such hearing. The burden of proving violation by the franchisee of the franchise documents shall be borne by the party presenting the charges and the burden of proving excuses from performance shall be borne by the franchisee. The hearing may be continued from time to time.

If the hearing is conducted by a hearing officer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact, conclusions and all determinations authorized by section 90-247, above. The recommended decision shall be filed with the clerk of the board of directors of the commission and mailed to the parties not later than 30 calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the board of directors may, without a hearing except as otherwise required below, either:

a.

Adopt the findings of fact, conclusions and determinations contained in the recommended decision;

b.

Adopt the findings of facts and conclusions contained in the recommended decision, modify the determinations, and adopt the recommended decision as so revised;

c.

Based upon the record of the hearing, modify the findings of fact, conclusions or determinations, and adopt the recommended decision as so revised; or

d.

Reject the recommended decision and conduct a new hearing.

If the hearing is conducted by the board of directors of the commission, upon conclusion of the hearing, the board of directors shall adopt a decision which includes findings of fact, conclusions, and determinations authorized by section 90-247, above. Copies of the decision adopted by the board of directors shall be mailed to the parties.

(Ord. No. 97-12, § 2(5.50.442), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)