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AG 2013 08 19
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AG 2013 08 19
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Last modified
12/4/2013 4:47:42 PM
Creation date
11/27/2017 10:59:19 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
8/19/2013
Board
Board of Commissioners
Meeting Type
Regular
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(6) a user to wham an order is issued pursuant to Section 8.1(d) or (e). <br />(2b) Demand for hearing. <br />(a1) Any person entitled to a hearing pursuant to this section shall exercise such right as set forth <br />in Section ". (2-) 10 (b) (2). Such demand shall be in writing and state separately each <br />issue to be considered and such other matters as are hereinafter required. <br />(b2) Any person malting a demand for a hearing shall deliver the demand to the Executive <br />Director within the following applicable time limits after receipt of notice of the action to be <br />heard; <br />(v) 30 clays for the denial of a permit required by this ordinance or for the grant of a <br />permit required by this ordinance subject to conditions which are unacceptable to <br />the applicant; <br />(vi) 30 days of the assessment of a civil penalty; <br />(vii) 20 days for a compliance order issued pursuant to Section 8.1(d); <br />(viii) 10 days for a cease and desist order issued pursuant to Section 8.1(e). <br />(3c) Contents of demand. In the demand for a hearing to consider: <br />(a[) a permit granted subject to unacceptable conditions, the applicant must identify separately <br />each unacceptable condition and every basis for such contention; <br />(b2) a civil penalty assessment, the person to whom such penalty was assessed must state <br />separately each reason why such penalty should not be assessed or, if the user contends that <br />the civil penalty was assessed in an improper amount, each reason why the amount of the <br />penalty is improper; and <br />(E3) the issuance of an order, the person to whore such order is issued must identify separately <br />each provision of the order which is improper and every basis for such contention. <br />(4-d) Conduct of hearing. <br />(a]) The hearing shall be conducted by the Executive Director and shall be subject to such <br />rules as have been approved by the Board of Directors or the Executive Director as <br />hereinafter set forth. If the demand for a hearing is not made in accordance with the <br />provisions of this section, the Executive Director shall reject the demand and any right to <br />a hearing shall be terminated. if any person demanding a hearing shall fail to comply with <br />an order of the Executive Director or with any rules issued by the Executive Director or <br />approved by the Board of Directors concerning the conduct of the hearing, the Executive <br />Director may reject the demand and any right to a hearing shall be terminated. Within <br />ninety (90) days of the receipt of the written demand for a hearing, the Executive Director <br />shall conduct a hearing and issue a final order or decision. The Executive Director shall <br />transmit a copy of the final order or decision to the person demanding the hearing by <br />registered or certified mail. No further review of the Executive Director's final order ar <br />decision will be allowed, except as set forth in Section 4.3 (f)(7) 10 (g). <br />51 <br />Attachment number 8 <br />H -3 Page 306 <br />
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