New Search
materials will be provided upon payment of the City's standard charges for <br /> copies; <br /> 2.2.5 Identify a staff representative available to discuss the appeal, <br /> and the telephone number where additional information may be obtained; <br /> 2.2.6 Include a general explanation of the requirements for submission <br /> of oral or written testimony, and the procedure for the conduct of the <br /> hearing; and <br /> 2.2.7 State that failure to raise an issue in the hearing, in person or <br /> in writing, or failure to provide enough specificity to give the decision maker <br /> 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 /> befo a the hearing. <br /> 2.4 A person who receives notice of a hearing pursuant to this section <br /> waiv s the right to protest the administrative action if the person fails to appear in <br /> pets n or in writing at the hearing. <br /> 3. Appellant's Evidence. Any physical evidence (including but not limited to <br /> written mat rial, photographs, video tapes, models, maps, visual aids) the appellant intends <br /> to present t the hearing shall be filed with the city traffic engineer at least five days prior <br /> to the hea g, Except for good cause shown, the failure to file such evidence in a timely <br /> manner sha result in the evidence being excluded from consideration in the appeal. This <br /> prohibition hall 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 /> A decision to resolve the issues presented shall be based upon reliable, probative and <br /> substantial vidence in the whole record. <br /> 5. Conduct of Hearing. <br /> S.1 No person may be disorderly, abusive, or disruptive of the conduct of <br /> the eating. Disorderly conduct may result in prosecution under ORS 166.025. <br /> S.2 No person may present evidence, argument or comment without first <br /> bein recognized by the hearings official. <br /> S.3 All witnesses shall identify themselves and their place of residence. <br /> <br /> Administrat ve Order - 4 <br /> <br />