<br /> . r <br /> evidence deemed appropriate. The appellant tnay present testimony and oral argument at <br /> the hearing either personally or by counsel. The hearings official shall issue a written <br /> decision within ten days of the date of the hearing. The decision of the hearings official is <br /> final, and may include a determination that the appeal fee be refunded to the appellant <br /> upon a finding by the hearings official that the appeal was not frivolous. <br /> 2. The hearings official shall affirm the administrative civil penalty if the City had <br /> authority to impose the administrative civil .penalty, the City substantially complied with <br /> applicable procedures, and the amount of penalty was properly determined in accordance <br /> with this rule. The hearings official may modify the amount of the civil penalty based on the <br /> record and testimony received at the appeals hearing and the hearings official's application <br /> of the evidence to the criteria contained in R-2.018-C. The hearings official shall set aside <br /> the administrative civil penalty only if the City did not have authority to impose an <br /> administrative civil penalty or if the City substantially failed to comply with applicable <br /> procedures. <br /> Public notice of this proposed rule shall be given by making copies thereof available <br /> to any person who has requested such notice and by publication thereof in the Register <br /> Guard, a newspaper of general circulation within the City for at least five days, providing <br /> interested persons an opportunity of not less than 15 days to submit data or comments <br /> thereon. If no valid comments or objections are received within the time and in the manner <br /> prescribed in the notice, the rules as contained herein will be adopted and become effective <br /> immediately thereafter. <br /> Dated this ~ day of , 1996. <br /> J 1V , <br /> City Manager <br /> Proposed Stormwater System Administrative Rule - 12 01/12/96 <br /> <br />