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<br />e <br /> <br />e <br /> <br />3. <br />AN AMENDMENT REQUIRING THAT <br />HEARING EXAMINER""S BASE THEIR <br />DECISIONS ON A PREPONDERANCE OF <br />THE EVIDENC~NOT ON CLEAR <br />AND CONVINl..ING EVIDENCE <br /> <br />Current Law <br /> <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 /> <br />Proposed Change <br /> <br />This amendment would specifically state that the decision of a hearing examiner <br />must be based upon a preronderance of the evidence and that failure to do so <br />would be grounds for appea of that decision to district court. <br /> <br />Reasons for Proposed Change <br /> <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 />