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1.072 WAIVER. <br />The Executive Director may, by administrative order, temporarily waive any of the <br />requirements of these rules upon finding that such waiver is in the public interest and will not <br />seriously prejudice or infringe upon the use and enjoyment of a park, open space area, or park facility <br />by others. The order shall specifically state the rule provision being waived, the time period to which <br />the waiver is applicable, and the reason(s) for the waiver, which must support the required finding. <br />Any waiver granted under this authorization shall be limited to the specific time and /or place set <br />forth in each order, and shall not be construed to be a continuing waiver of that or any other <br />provision of these rules, or an agreement to waive such rule at any future time for that or any other <br />person or entity. <br />1.074 HEARING AND APPEAL PROCEDURE. <br />1. Any person who has received a notice issued pursuant to subsections (3)(a) <br />or (3)(b) of Rule 1.005 that restricts their future use of park or open space areas or facilities or <br />participation in recreation activities may request an informal hearing to contest the notice. <br />2. The request for an informal hearing must be in writing and filed with the Parks <br />& Open Space Division Director ( "the Division Director ") at the location indicated on the notice <br />within 48 hours (exclusive of weekends) of receipt of the notice. <br />3. The Division Director shall schedule a time and place for the informal hearing <br />to be conducted, which shall be not more than 72 hours (exclusive of weekends) of receipt of the <br />request for hearing. <br />4. At the informal hearing the Division Director shall consider testimony from <br />the City 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 Division <br />Director may exclude anyone from the informal hearing, other than the person that requested the <br />hearing, that is not presenting testimony to the Division Director. <br />5. Within 72 hours of the informal hearing the Division Director will issue a <br />written decision affirming, modifying, or cancelling the notice. The decision shall be delivered or <br />mailed to the person that requested the hearing on the date issued. <br />6. The written decision of the Division Director shall be final unless the person <br />that is subject to the decision appeals the decision by appearing at Municipal Court at the time <br />specified in the decision for a hearing on the appeal. The appeal hearing date shall be no more than <br />fourteen days from the date of the written decision The Municipal Judge may affirm, modify or <br />reverse the Division Director's written decision. If the person to whom the Division Director's <br />decision is issued does not appear at Municipal Court at the time specified for the appeal, the written <br />decision shall become final at the time set for the appeal. <br />Administrative Order - 15 <br />C: \WINDOWS \TEMP \03prkrul l ao.wpd(05 /02/03) <br />