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time specified in the decision for a hearing on the appeal. The appeal hearing date shall be no <br />more than fourteen days from the date of the written decision The Municipal Judge may affirm, <br />modify or reverse the Division Director's written decision.. If the person to whom the Division <br />Director's decision is issued does not appear at Municipal Court at the time specified for the <br />appeal, the written decision shall become final at the time set for the appeal. <br />1.075 RECREATION DIVISION HEARING AND APPEAL PROCEDURE. <br />(1) Any person who has received a notice issued pursuant to subsections <br />(3)(a) or (3)(b) of Rule 1.005 that restricts their future use of park facilities or participation in <br />recreation activities may request an informal hearing to contest the notice. <br />(2) The request for an .informal hearing must be in writing and filed with the <br />Executive Director of the Library, Recreation & Cultural Services Department ("ERGS <br />Executive Director") or designee at the location indicated on the notice within 48 hours <br />(exclusive of weekends) of receipt of the notice. <br />(3) LRCS Executive, Director of designee shall schedule a time and place for <br />the informal hearing to be conducted, which shall be not more than 72 hours (exclusive of <br />weekends) after receipt of the request for hearing. <br />(4) At the informal hearing the LRCS Executive Director or designee shall <br />consider testimony from the City personnel involved in the incident that resulted in the notice, <br />.testimony from the person requesting the hearing, and testimony from any other witnesses to the <br />incident. The LRCS Executive Director or designee may exclude anyone from the informal <br />hearing, other than the person that requested the hearing, that is not presenting testimony to the <br />LRCS Executive Director or designee. <br />(5) Within 72 hours of the informal hearing the LRCS Executive Director or <br />designee will issue a written decision affirming, modifying, or canceling the notice. The <br />decision shall be delivered or mailed to the person that requested the hearing on the date issued. <br />The written decision of the LRCS Executive Director or designee shall be final on the 16th day. <br />after it is issued unless prior to that time a notice of appeal is filed with the LRCS Executive <br />Director or designee in accordance with Section 2.021 of the Eugene Code, 1971. The appeal <br />shall be heard by a hearings official appointed by the City Manager and the hearings official's <br />decision shall be the final decision. <br />PENALTIES. <br />Violation of these Park and Open Space Rules adopted under Section 2.019 of the <br />Eugene Code, 1971, is punishable by a fine not to exceed $500 or confinement in jail not to <br />Administrative Order No. 58-OS-10-F -- Page 23 of 23 <br />C:\Documents and Settings\cewakj]\Local Settings\Temporary Internet Files\OLK16C\OS Park-Open Space Rules - 2ao (00131337).DOC <br />