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to be conducted, which shall be not more than 72 hours (exclusive of weekends) of receipt of the <br />request for hearing. <br />(4) At the informal hearing the Division Director shall consider testimony from <br />the City personnel involved in the incident that resulted in the notice, testimony from the person <br />requesting the hearing, and testimony from any other witnesses to the incident. The Division <br />Director may exclude anyone from the informal hearing, other than the person that requested the <br />hearing, that is not presenting testimony to the Division Director. <br />(5) Within 72 hours of the informal hearing the Division Director will issue a <br />written decision affirming, modifying, or cancelling the notice. The decision shall be delivered or <br />mailed to the person that requested the hearing on the date issued. <br />(6) The written decision of the Division Director shall be final unless the person <br />that is subject to the decision appeals the decision by appearing at Municipal Court at the time <br />specified in the decision for a hearing on the appeal. The appeal hearing date shall be no more than <br />fourteen days from the date of the written decision The Municipal Judge may affum, modify or <br />reverse the Division Director's written decision. If the person to whom the Division Director's <br />decision is issued does not appear at Municipal Court at the time specified for the appeal, the written <br />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 (3)(a) <br />or (3)(b) of Rule 1.005 that restricts their future use of park facilities or participation in recreation <br />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 Executive <br />Director") or designee at the location indicated on the notice within 48 hours (exclusive of <br />weekends) of receipt of the notice. <br />(3) LRCS Executive Director of designee shall schedule a time and place for the <br />informal hearing to be conducted, which shall be not more than 72 hours (exclusive of weekends) <br />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 hearing, <br />other than the person that requested the hearing, that is not presenting testimony to the LRCS <br />Executive Director or designee. <br />Administrative Order - 21 <br />C:\User\ADMINORD\POS03.wpd <br />