Admin Order 58-17-07-F - Laserfiche WebLink

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(5) Within 72 hours of the informal hearing the Division Director will issue a written decision affirming, modifying, or canceling the notice. The decision shall be delivered or mailed to the person that requested the hearing on the date issued. (6) The written decision of the Division Director shall be final unless the person that is subject to the decision appeals the decision by appearing at Municipal Court at the time specified in the decision for a hearing on the appeal. The appeal hearing date shall be no more than fourteen days from the date of the written decision. The Municipal Judge may affirm, modify or reverse the Division Director's written decision. If the person to whom the Division Director's decision is issued does not appear at Municipal Court at the time specified for the appeal, the written decision shall become final at the time set for the appeal. 1.075 RECREATION DIVISION HEARING AND APPEAL PROCEDURE. (1) Any person who has received a notice issued pursuant to subsections (3)(a) or (3)(b) of Rule 1.005 that restricts their future use of park facilities or participation in recreation activities may request an informal hearing to contest the notice. (2) The request for an informal hearing must be in writing and filed with the Executive Director of the Library, Recreation & Cultural Services Department ("LRCS Executive Director") or designee at the location indicated on the notice within 48 hours (exclusive of weekends) of receipt of the notice. (3) LRCS Executive Director of designee shall schedule a time and place for the informal hearing to be conducted, which shall be not more than 72 hours (exclusive of weekends) after receipt of the request for hearing. (4) At the informal hearing the LRCS Executive Director or designee shall consider testimony from the City personnel involved in the incident that resulted in the notice, testimony from the person requesting the hearing, and testimony from any other witnesses to the incident. The LRCS Executive Director or designee may exclude anyone from the informal hearing, other than the person that requested the hearing, that is not presenting testimony to the LRCS Executive Director or designee. (5) Within 72 hours of the informal hearing the LRCS Executive Director or designee will issue a written decision affirming, modifying, or canceling the notice. The decision shall be delivered or mailed to the person that requested the hearing on the date issued. The written decision of the LRCS Executive Director or designee shall be final on the 16th day after it is issued unless prior to that time a notice of appeal is filed with the LRCS Executive Director or designee in accordance with Section 2.021 of the Eugene Code, 1971. The appeal shall be heard by a hearings official appointed by the City Manager and the hearings official's decision shall be the final decision. Administrative Order -- Page 35 of 36