(a) 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 the State shall not be applicable to the hearing. The provisions of the Administrative Procedure Act, commencing at Section 11500 of the Government Code of the State, or any successor legislative enactment, shall not be applicable to any such hearing. The burden of proving violations by the grantee 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 grantee. The hearing may be continued from time to time.
(b) If the hearing is conducted by a hearing officer, the officer, upon the conclusion of the hearing, shall prepare a recommended decision which includes findings of fact, conclusions, and all determinations authorized by Section 11-1.1107 of this article. The recommended decision shall be filed with the Clerk of the Board and mailed to the parties not later than thirty (30) calendar days after the conclusion of the hearing. Upon the receipt of such a recommended decision, the Board, without a hearing except as otherwise required as follows, may either:
(1) Adopt the findings of fact, conclusions, and determinations contained in the recommended decision;
(2) Adopt the findings of fact and conclusions contained in the recommended decision, modify the determinations, and adopt the recommended decision as so revised;
(3) Based upon the record of the hearing, modify the findings of fact, conclusions, or determinations and adopt the recommended decision as so revised; or
(4) Reject the recommended decision and conduct a new hearing.
(c) If the hearing is conducted by the Board, upon the conclusion of the hearing the Board shall adopt a decision which includes the findings of fact, conclusions, and determinations authorized by Section 11-1.1107 of this article. Copies of the decision adopted by the Board shall be mailed to the parties. (§ 1, Ord. 961, eff. October 27, 1983)