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Admin Order 58-92-01
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Admin Order 58-92-01
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Last modified
6/10/2010 10:50:05 AM
Creation date
3/11/2009 3:49:49 PM
Metadata
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
1/29/1992
Document_Number
58-92-01
CMO_Effective_Date
1/29/1992
Author
Micheal D. Gleason
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<br />the hearings official shall render the official's decision in writing, based on the criteria in <br />Section 5.055 of the Eugene Code, 1971. The decision shall be filed with the City <br />Recorder and a copy thereof mailed to the appellant and all persons who testified orally <br />or in writing at the hearing. When the decision concerns traffic diverters or permanent <br />street closure the decision shall also be distributed to the City Council at the time it is filed <br />with the City Recorder. Unless the matter appealed requires City Council action, the <br />decision of the hearings official shall be final when filed with the City Recorder. Decisions <br />that require City Council action shall be forwarded to the City Manager for inclusion on <br />a Council agenda. <br /> <br />9. Record of Hearin2 Proceedin2s. <br /> <br />9.1 A written record of the hearing shall be prepared but a verbatim record <br />is not required. To assist in the preparation of the record, the proceedings may be <br />stenographically or electronically recorded, but the record need not set forth <br />evidence verbatim. <br /> <br />9.2 Where practicable, the hearings official shall cause all presented physical <br />and documentary evidence to be received and to be marked to show the identity <br />of the person offering the evidence and to indicate whether it is presented on behalf <br />of the appellant, the city, or an interested party. If evidence is not capable of being <br />incorporated in the record, it shall not be included. All exhibits received into <br />evidence shall be retained by the staff until the time to appeal the hearings official's <br />decision or City Council's decision has lapsed, at which time the exhibits may be <br />released upon written demand to the person identified thereon as having offered <br />it, disposed of or, retained for future use. <br /> <br />10. Review bv City Council. Within 30 days from the date a decision of the <br />hearings official concerning traffic diverters or permanent street closure is filed with the <br />City Recorder a Councilor may file with the City Manager a written request that at its next <br />scheduled meeting the Council consider whether to review the decision. If a determination <br />to review is made, implementation of the hearings official's decision shall be suspended <br />pending a decision by the council. The time, date and place of the hearing shall be <br />established, and at least ten days prior written notice thereof shall be mailed to or <br />otherwise delivered to all persons who appeared before the hearings official. At the <br />hearing the Council shall consider the record before the hearings official and any additional <br />evidence it wishes to hear. At the conclusion thereof the Council may affirm, modify, or <br />reverse the hearings official's decision, based on the standards in Section 5.055 of the <br />Eugene Code, 1971. The decision of the Council is final, and shall be filed with the City <br />Recorder and mailed to all persons to whom notice of the hearing before the Council was <br />given. <br /> <br />This Rule is adopted after giving public notice by publication thereof on December <br /> <br />Administrative Order - 7 <br />
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