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.; <br />deemed appropriate. The appellant may present testimony and oral argument at .the hearing either <br />personally or by counsel. The hearings official shall issue a written decision within ten days of the <br />date of the hearing. The decision of the hearings. official is final, and may include a determination <br />that the appeal fee be refunded to the appellant upon a finding by the hearings official that the appeal <br />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 applicable <br />procedures, and the. amount of penalty was properly determined in accordance with this. rule. The <br />hearings official may modify the amount of the civil penalty, based on the record and testimony <br />received at the appeals hearing and the hearings official's application of the evidence to the criteria <br />contained in R 2.018-C. The hearings official shall set aside the .administrative civil penalty only <br />if the City did not have authority to impose an administrative civil penalty or if the City substantially <br />failed to comply with applicable procedures. <br />bated this f~ 0 day of February, 2002.. ' <br />.~ City Manager ~ ~ ~ , <br /> <br />Administrative Order - 12 <br />c:~wirmows,T~~~ ~z~,~c ~a~~ouc6~asw~.sr~W~ ~.~a <br /> <br />