1233. Open Hearings

All individual rent ceiling adjustment hearings shall be open to the public.

All parties to a hearing shall have the right to appear at the hearing and present evidence and argument in person, and/or have assistance from attorneys, legal workers, recognized tenant organization representatives or any other designated persons. Any such representative shall file a written statement with the Board that he/she is assisting the named party, with the name, address and phone of the representative. All parties shall also have the right to call, examine, and cross-examine witnesses, to request the examiner to issue orders or subpoenas for witnesses or evidence, and to exercise any other rights conferred by the Ordinance or this chapter.

Any party may have the hearing tape recorded or otherwise transcribed at his/her expense.

The record of the hearing shall include the following: all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted; a statement of all material officially noticed; all recommended and final decisions, orders, and/or rulings; and the reasons for each final decision, order and/or ruling. This official record shall constitute the exclusive record for the decision on the issues raised at the hearing.

The Board shall make a copy of the official record available for inspection and copying by any person, at a reasonable copying cost.

No individual rent ceiling adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing.

For any unit, the amount of rent adjustment granted shall not exceed the amount requested in the petition.

The Board shall send a notice of the hearing examiner's decision to all parties to the hearing. Such notice shall include a copy of the findings of fact and law supporting the decision, as well as a statement of their right to and the time limit for any appeal to the Board and/or judicial review of the decision.

The hearing examiner's decision shall be the final decision of the Board in the event of no appeal to the Board.