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(0) If the unacceptable permit is a renewal of an existing permit, each provision of the <br />applicant's existing permit will remain in effect until the time set forth in Section <br />4-4(o(5)(a) 10 (e) (1) above; provided that such provision from the existing permit does . <br />not conflict with any provision of the unacceptable permit which is not stayed. In the <br />event ofa conflict, the provision fronn the unacceptable permit will control. <br />(d4) Any condition of a permit which is unacceptable to an applicant and which is included in <br />a permit pursuant to Section 4.3 (d) shall remain in effect and shall not be stayed by the <br />provisions of Section 43i�)(5}(a) 10 (e) (1 ). <br />(60 Stay of assessment; order. <br />(a I )(i) Each assessment of a civil penalty which has been included in a demand for a hearing in <br />accordance with the provisions of this section is stayed and shall not take effect until the <br />earliest occurrence of any one of the following circumstances: tyre assessment of the civil <br />penalty is approved or is modified by the Executive Director at an adjudicatory hearing, <br />or the person who is assessed the civil penalty and the Executive Director agree on the <br />assessment. <br />(iii) If the assessment of a civil penalty against any person is approved or modified by the <br />Executive Director at an adjudicatory hearing, the Executive Director may include the <br />following provisions in any order or decision: <br />(A) said person may be required to pay said penalty within tell (10) days or such <br />additional time as the Executive Director may specify; <br />(B) if said penalty is not paid in a timely manner, the penalty will be delinquent and <br />water and /or sewer service may be terminated to said person without further <br />notice. If water and/or sewer service is terminated pursuant to a decision <br />authorized by this subsection, the application charges and fees as set forth in <br />Section 3 must be paid before service will be restored. <br />(W) Except as provided in Section 8.1(f) (suspension), each provision of all order which has <br />been included in a demand for a hearing in accordance with the provisions of this section <br />is stayed and shall not take effect until the earliest occurrence of any one of the following <br />circumstances: such provision is approved or is modified by the Executive Director at an <br />adjudicatory hearing; or the person to whom the order is directed and the Executive <br />Director agree on the terms of the order. This subsection shall not be construed to stay <br />any provision of this article or other applicable law. <br />(6) Upon receipt of a demand for a hearing on all order, the Executive Director shall identify <br />each provision to which no objection was made and such provision shall remain in effect; <br />provided that, if the Executive Director determines that it would be unreasonable for such <br />provision to apply when all surrounding circumstances are considered, the Executive <br />Director in his sole discretion may stay such provision until the time set forth in Section <br />44(4 ) (6)(b) 10 (f) (2). <br />(7 g) Judicial review. Any person against whom a final order or decision of the Executive Director is <br />made pursuant to the hearing conducted tinder Section 4—.3(4) 10, may seek judicial review of the <br />order or decision by filing a written petition within thirty (30) days after receipt of notice of the <br />order or decision, but not thereafter, with the Superior Court of Cabarrus County. If not previously <br />requested, said person shall request in writing that a transcript be prepared for every part of the <br />53 <br />Attachment number 8 <br />H -3 Page 308 <br />