Ordinance No. 20222 - Laserfiche WebLink

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;Jr-<l If"' B. Appeal of Penalty: Prior to imposition .of any penalty, a business shall have an opportu- nity to be heard by the Toxics Board as to the occurrence or nonoccurrence of a violation, the circumstances surrounding a violation, and the amount of a penalty, if any, that should be imposed. The Board may ask a hearings official, City staff member, or the City Attorney to preside at the hearing and to advise the Board as the Board deems appro- priate. Prior to any hearing on a penalty, the Board shall provide to the business, and to any person who the Board knows is interested in the matter, notice of the specific proce- dures that it will follow at the hearing. The decision of the Board shall be final, except . that under Section 8.1.B of the law, any person may appeal the decision to the Circuit Court for Lane County. of' !!l!:- f ~ c. Audits: The Fire Marshal's office will audit every reporting business at least once every three years. The charter amendment provides for advance audit notification of no more than one month. The audit will consist of spot-checking reports and conformance with the directions and priorities (M>C>E>O) for acquiring and providing data. The business may be directed to use more accurate available data. In such a case, a follow-up audit to confirm that the corrections have been implemented may be conducted within a year, after a reasonable time for the business to make corrections. Each business audited will receive a copy of the audit report within 15 working days of the date the audit was con- ducted. Businesses that are suspected of being required to report but have not filed a report may be audited at any time with 24 hours' notice and during regular business hours. D. Rigbt to Dispute an Audit Finding: If a business believes an audit finding is incorrect, or a recommendation made by the Fire Marshal for a change in reporting method is incorrect or inadvisable, the business may appeal that recommendation to the Toxics Board, stating the reasons for the appeal. The Toxics Board's decision stands, except that under Section 8.1.B of the law, any person may appeal the decision to the Circuit Court for Lane County. E. Supplying of FormslDirections/Updates: Near the end of each year, instructions for . hazardous substance tracking for the following year, and instructions for electronic filing of data for the current year, will be delivered to businesses and made available in the Eugene Public Library. 19