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10 <br />SECTION C. -- ADMINISTRATION, ENFORCEMENT, PENALTIES AND APPEALS <br /> <br />I. Administration <br /> <br />a. The City, including but not limited to the Airport Director, is authorized to enforce these <br />Rules and Standards as required to assure the convenience and safety and security of the <br />traveling public and others using the Airport. The Airport Director may prohibit use of the <br />Airport, or any part thereof, by any Person in violation of these Rules and Standards. The <br />Airport Director may use any legal remedy or recourse to aid the enforcement of these <br />Rules and Standards. <br /> <br />b. The Airport Director has primary responsibility for the interpretation and application of the <br />Rules and Standards and is authorized to issue directives and interpretive guidance in <br />conformity with the Rules and Standards. <br /> <br />c. City employees, agents, and consultants are authorized to assist in the application and <br />implementation of the Rules and Standards, principally through communications with <br />Tenants and Airport users on the content and proper interpretation of the Rules and <br />Standards. <br /> <br />d. TSA has primary responsibility for the screening of passengers and property at the Airport, <br />and for approving the Airport Security Program pursuant to 49 C.F.R. Part 1542. TSA is <br />not responsible for the implementation and enforcement of the Rules and Standards. <br /> <br />II. Administrative Appeal <br /> <br />a. Persons who receive a notice of violation of these Rules and Standards or Persons directly <br />and substantially affected by an action or decision of the Airport Director interpreting and <br />applying the Rules and Standards may appeal the action or decision as provided in this <br />subsection. This right of administrative appeal will not apply to the imposition of penalties <br />hereunder, which may be appealed only as provided in Subsection III (Penalties). <br /> <br />b. A clearly stated request for an informal appeal hearing that specifically identifies the action, <br />decision, or date of the notice of violation being challenged, must be mailed, emailed, or <br />hand delivered to the Airport Director within seven (7) calendar days of receipt of the notice. <br /> <br />c. Within seven (7) calendar days of receipt of a complete request under II.b. (above), the <br />Airport Director will notify the Person requesting the hearing of the time and place of the <br />informal hearing which will not be more than 14 calendar days after receipt of the request <br />for hearing. The informal hearing may be conducted in-person or electronically through a <br />virtual conference at the Airport Director’s sole discretion. <br /> <br />d. At the informal hearing the Airport Director will consider testimony from the Airport <br />personnel involved in the incident that resulted in the notice, testimony from the person <br />requesting the hearing, and testimony from any other witnesses to the incident. The Airport <br />Director may exclude anyone from the informal hearing, other than the person that <br />requested the hearing that is not presenting testimony to the Airport Director. <br /> <br />e. Within seventy-two (72) hours of the informal hearing the Airport Director will issue a written <br />decision affirming, modifying, or cancelling the notice. The decision will be delivered or <br />mailed to the person that requested the hearing on the date issued. The written decision <br />of the Airport Director will be final on the sixteenth (16th) day after it is issued, unless prior <br />to that time, a written notice of appeal is filed with the Airport Director in accordance with <br />Section 2.021 of the Eugene Code, 1971. The appeal will be heard by a hearings official <br />appointed by the City’s Director of Public Works and the hearings official’s decision shall <br />be the final City decision on the matter.