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Admin Order 57-14-01-F
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Admin Order 57-14-01-F
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Last modified
10/15/2015 2:17:39 PM
Creation date
10/15/2015 2:16:33 PM
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
3/4/2014
Document_Number
57-14-01-F
CMO_Effective_Date
3/4/2014
Author
CRO
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1.045 WAIVER. <br />The Executive Director may, by administrative order, temporarily waive any of the <br />requirements of these rules upon finding that such waiver is in the public interest and will not <br />seriously prejudice or infringe upon the use and enjoyment of the library by others. The order <br />shall specifically state the rule provision being waived, the time period to which the waiver is <br />applicable, and the reason(s) for the waiver, which must support the required finding. Any <br />waiver granted under this authorization shall be limited to the specific time and/or place set forth <br />in each order, and shall not be construed to be a continuing waiver of that or any other provision <br />of these rules, or an agreement to waive such rule at any future time for that or any other person <br />or entity. <br />1.050 HEARING AND APPEAL PROCEDURE. <br />1. Persons who have received a notice issued pursuant to subsection (3)(a)(b) of <br />Rule 1.015 that restricts their future use of the library may request an informal hearing to contest <br />the notice. <br />2. The request for an informal hearing must be in writing and filed with the LRCS <br />Executive Director at the location indicated on the notice within seven days of receipt of the <br />notice. <br />3. The Executive Director or designee shall schedule a time and place for the <br />informal hearing to be conducted, which shall be not more than seven days after receipt of the <br />request for hearing. <br />4. 'At the informal hearing the Executive Director or designee shall consider <br />testimony from the City personnel involved in the incident that resulted in the notice, testimony <br />from the person requesting the hearing, and testimony from any other witnesses to the incident. <br />The Executive Director or designee may exclude anyone from the informal hearing, other than <br />the person that requested the hearing, that is not presenting testimony to the Executive Director <br />or designee. <br />5. Within 72 hours of the informal hearing the Executive Director or designee will <br />issue a written decision affirming, modifying, or cancelling the notice. The decision shall be <br />delivered or mailed to the person that requested the hearing on the date issued. The written <br />decision of the Executive Director or designee shall be final on the 16th day after it is issued <br />unless prior to that time a notice of appeal is filed with the Executive Director in accordance with <br />Section 2.021 of the Eugene Code, 1971. The appeal shall be heard by a hearings official <br />appointed by the City Manager and the hearings official's decision shall be the final decision. <br />Administrative Order 57-14-01-F - Page 9 of 10 <br />
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