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an opportunity to respond to the issue, prevents appeal of the decision on <br /> that issue to the city council or court. <br /> 2.3 The notice shall be published, mailed or served at least ten days <br /> before the hearing. <br /> 2.4 A person who receives notice of a hearing pursuant to this section <br /> waives the right to protest the administrative action if the person fails to appear in <br /> person or in writing at the hearing. <br /> 3. ~ ~Qpellant's Evidence. Any physical evidence (including but not limited to <br /> <br /> written material, photographs, video tapes, models, maps, visual aids) the appellant intends <br /> to present aft the hearing shall be filed with the city traffic engineer at least five days prior <br /> to the heariaig. Except for good cause shown, the failure to file such evidence in a timely <br /> manner shad result in the evidence being excluded from consideration in the appeal. This <br /> prohibition'shall not apply to any rebuttal evidence the hearings official may allow. <br /> 4. Burden of Proof at the Hearing. The burden of proof is upon the appellant. <br /> decision 'to resolve the issues presented shall be based upon reliable, probative and <br /> substantial evidence in the whole record. <br /> S. ' Conduct of Hearing. <br /> 5.1 No person may be disorderly, abusive, or disruptive of the conduct of <br /> the gearing. Disorderly conduct may result in prosecution under ORS 166.025. <br /> S.2 No person may present evidence, argument or comment without first <br /> being recognized by the hearings official. <br /> S.3 All witnesses shall identify themselves and their place of residence. <br /> S.4 Any employe, agent, or officer of the city shall disclose his or her <br /> relationship to the city when commencing to testify. <br /> 5.5 Formal rules of evidence as used in courts of law shall not apply. <br /> Evidlence that is not reliable, probative and useful may be excluded at the discretion <br /> of the hearings official. <br /> S.6 Audience demonstrations such as applause, cheering, display of signs, <br /> and 'other conduct disruptive of the hearing shall not be permitted. Any such <br /> conduct may be cause for immediate suspension of the hearing or removal of <br /> disruptive persons. <br /> Administrative Order - 4 <br /> <br />