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evidence deemed appropriate. The appellant inay present testimony and oral argument at <br />the hearing either personally or by counsel. The .hearings official shall issue a written <br />decision within ten days of the .date of the hearing. The decision. of the hearings official is ~:. <br />final, and may include a determination that the appeal fee be refunded to the appellant . <br />upon a finding by the hearings .official that the appeal 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 <br />applicable procedures, and the amount of penalty was properly determined in accordance <br />with this rule. The hearings official may modify the amount of the civil penalty based on the <br />record and testimony received at the appeals hearing and the hearings official's application <br />of the evidence to the criteria contained in R-2.018-C. The hearings official shall set aside ~`' <br />the administrative civil penalty only if the .City did not have authority to impose an <br />administrative civil penalty or if the City substantially failed to comply with applicable <br />procedures. <br />Public notice of this proposed rule shall be given by making copies thereof available <br />to any person who has requested such notice and by publication thereof in the'Register <br />Guard, a newspaper of general .circulation within the City for at least five days, providing <br />interested persons an opportunity of not less than 15 days to submit data or comments <br />thereon. If no valid comments or objections are received within the time and in the manner <br />prescribed in the notice, the rules as contained herein will be adopted and. become effective <br />immediately thereafter. <br />Dated this ~ -day of , 1996. <br />City Manager <br />~ . <br />Proposed Stormwater System Administrative Rule - 12 <br />01/12/96 <br />