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<br />Community Center by a person who violates these rules, state statutes, the Eugene Code, <br />1971, or any term or condition of a license or permit issued by the City. <br /> <br />As used in this subsection, "person" includes, but is not limited to, a business, <br />corporation, association or organization. <br /> <br />(c) Notices restricting future use under subsections 3(a) and 3(b) of this section <br />shall be issued by the Executive Director, shall state the time period for which future use is <br />prohibited, and shall set forth the reason(s) therefor. <br /> <br />(d) Any notice that restricts a person's future use pursuant to subsections 3( a) and <br />3(b) of this section shall contain a statement advising of the right to request a hearing in the <br />manner set forth in section 1.025 of these rules. <br /> <br />1.025 HEARING AND APPEAL PROCEDURE. <br /> <br />1. Persons who have received a notice issued pursuant to subsections 1 (a)3, 3(a) or 3(b) <br />of Rule 1.020 that restricts their future use of a Pool or Community Center may request a hearing <br />on the notice. <br /> <br />2. The request for hearing must be in writing, and be filed with the Executive Director <br />within 48 hours (exclusive of weekends) of receipt of the notice. <br /> <br />3. The Executive Director shall schedule a time and place for the hearing to be <br />conducted, which shall be not more than 72 hours (exclusive of weekends) of receipt of the request <br />for hearing. <br /> <br />4. The hearing shall be informal, and the Executive Director shall consider testimony <br />from the City personnel involved in the incident that resulted in the notice, testimony from the <br />person requesting the hearing, and testimony from any other witnesses to the incident who appear <br />to testify at the hearing. <br /> <br />5. At the conclusion of the hearing the Executive Director may affirm, modify, or cancel <br />the notice. A written copy of the decision shall be delivered or mailed on the date it is issued to the <br />person who requested the hearing. The decision of the Executive Director shall be final on the 11 th <br />calendar day after it is issued unless prior to that time a written notice of appeal is filed with the <br />Executive Director pursuant to subsection 6 of this section. <br /> <br />6. An appeal filed under subsection 5 of this section shall be heard by a hearings official <br />appointed by the City Manager, and shall be conducted in accordance with the provisions of Section <br />2.021 of the Eugene Code, 1971. The decision of the hearings official shall be final. <br /> <br />1.030 <br /> <br />PENAL TIES. <br /> <br />Administrative Order - 5 <br />r:\adminord\rules\00pooI2ao.wpd(07/31/00) <br />