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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 />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 />person or in writing at the hearing. <br />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. l~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 />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 identify themselves and their place of residence. <br />Administrative Order - 4 <br />