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<br /> 3. <br /> AN AMENDMENT RE~UIRING THAT <br /> HEARING EXAMINER BASE THEIR <br /> DECISIONS ON A PREPONDERANCE OF <br /> THE EVIDENC~ NOT ON CLEAR <br /> AND CONVIN ING EVIDENCE <br /> Current Law <br /> Section 143.057(j) provides for an appeal to district court of a hearing examiner's <br /> decision only if the decision was without jurisdiction, exceeded jurisdiction or if the <br /> order was procured by fraud, collusion, or other unlawful means. Current law does <br /> not provide a standard of proof that must be met by the city in an appeal of a <br /> disciplinary decision to a hearing examiner. <br /> Proposed Chan~e <br /> This amendment would specifically state that the decision of a hearing examiner <br /> must be based upon a preponderance of the evidence and that failure to do so <br /> would be grounds for appeal of that decision to district court. <br /> .Reasons fuLProposed.J:.þan¡:e <br /> Although the standard of proof in civil cases in Texas is a preponderance of the <br /> evidence, some hearing examiners have required the city to produce "clear and <br /> convincing" evidence to justify the disciplinary decision. This amendment would <br /> clarify the burden which is required and would allow an appeal in the event that this <br /> standard is not utilized by the hearing examiner. <br /> PAGE 3 OF lO OF EXHIBIT A <br />