New Search
opportunity to respond to each issue. <br />7.10 Continuance of Hearine. The hearings official may continue the <br />hearing or keep the record open following oral testimony for any reason deemed <br />appropriate. <br />7.11 Close the Hearing. Subsequent to rebuttal by the appellants, the <br />hearings official shall close the hearing unless the hearing is to be continued or the <br />record kept open to a date certain. All actions taken by the hearings official <br />pursuant to this section shall be made a part of the record. <br />8. Hearings Official Decision. Not more than 90 days after an appeal is filed <br />the hearings official shall render the official's decision in writing, based on the criteria in <br />Section 5.055 of the Eugene Code, 1971. The decision shall be filed with the City <br />Recorder and a copy thereof mailed to the appellant and all persons who testified orally <br />or in writing at the hearing. When the decision concerns traffic diverters or permanent <br />street closure the decision shall also be distributed to the City Council at the time it is filed <br />with the City Recorder. Unless the matter appealed requires City Council action, the <br />decision of the hearings official shall be final when filed with the City Recorder. Decisions <br />that require City Council action shall be forwarded to the City Manager for inclusion on <br />a Council agenda. <br />9. Record of Hearing Proceedings. <br />9.1 A written record of the hearing shall be prepared but a verbatim record <br />is not required. To assist in the preparation of the record, the proceedings may be <br />stenographically or electronically recorded, but the record need not set forth <br />evidence verbatim. <br />9.2 Where practicable, the hearings official shall cause all presented physical <br />and documentary evidence to be received and to be marked to show the identity <br />of the person offering the evidence and to indicate whether it is presented on behalf <br />of the appellant, the city, or an interested party. If evidence is not capable of being <br />incorporated in the record, it shall not be included. All exhibits received into <br />evidence shall be retained by the staff until the time to appeal the hearings official's <br />decision or City Council's decision has lapsed, at which time the exhibits may be <br />released upon written demand to the person identified thereon as having offered <br />it, disposed of or, retained for future use. <br />10. Review by City Council. Within 30 days from the date a decision of the <br />hearings official concerning traffic diverters or permanent street closure is filed with the <br />City Recorder a Councilor may file with the City Manager a written request that at its next <br />scheduled meeting the Council consider whether to review the decision. If a determination <br />Administrative Order - 7 <br />