(a) All witnesses testifying at the hearing concerning termination shall be sworn. Witnesses shall be subject to direct and cross examination. However, formal rules of evidence applicable to the trial of civil and 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 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 and conclusions. 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 recommended decision, including findings of fact and conclusions submitted by the hearing officer;
(2) Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised; or
(3) Based upon the record of the hearing, modify the findings of fact, conclusions, or decision and adopt the recommended decision as so revised.
(c) If the hearing is conducted by the Board, upon the conclusion of the hearing, the Board shall adopt a decision which includes findings of fact and conclusions.
(d) If the decision by the Board is that there are grounds for the termination of the franchise and that the franchise should be terminated, the Board shall adopt a resolution which terminates the franchise and includes its decision. The effective date of the termination shall be such date as is prescribed by the Board, within its sole discretion, in the resolution, and the effective date may be made variable in relation to whether an appeal to arbitration is filed pursuant to Section 11-1.1211 of this article. (§ 1, Ord. 961, eff. October 27, 1983)