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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 />i person or in writing at the hearing. <br />j 3. Appellant's Evidence. Any physical evidence (including but not limited to <br />written material, photographs, video tapes, models, maps, visual aids) the appellant intends <br />to present at the hearing shall be filed with the city traffic engineer at least five days prior <br />to the hearing. F~xcept for good cause shown, the failure to file such evidence in a timely <br />manner shall 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 Hearin. 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 evidence in the whole record. <br />5. Conduct of Hearing. <br />i <br />5.1 No person may be disorderly, abusive, or disruptive of the conduct of <br />the hearing. Disorderly conduct may result in prosecution under ORS 166.025. <br />5.2 No person may present evidence, argument or comment without first <br />.being recognized by the hearings official. <br />5.3 All witnesses shall idenY themselves and their lace of residence. <br />~y P <br />5.4 .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 />Evidence that is not reliable, probative and-useful maybe excluded at the discretion <br />of .the hearings official <br />5.6 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 />;'; <br />Administrative Order - 4 <br />