AG 2007 06 18 - Laserfiche WebLink

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conv of the official record of the hearing as hereinafter set forth The official record of the hearinQ shall consist of: (a) all notices, motions and other similar documents; (b) all documentarv and tan~ible evidence tendered at the hearing; and (c) the £nal order or decision A transcript of each nart of the hearin¢ that was recorded shall be included in the officia] record as an exhibit, if available at the time the remainine portion of the official record is hansmitted to the Court If the transcript is not available at that time it shall be transmitted to the Court as soon as reasonablv possible after the transcript has been prepared if testimony is taken and not recorded, a narrative summarv of any testimonv taken shall be preaared and transmitted to the court as an e~chibit to the official record. (8) The Executive Director mav consider petitions for remission of civil penalties assessed aursuant to this ordinance A petition for remission shall be in writinQ and shall be si~ned bv the persons ao~inst whom the civil penalri was assessed The petition shall include• a waiver of any and all r;vhts of the petitioner to an adiudicatorv hearin~ and iudicial review of the assessment; and a stipulation that the facts are correct as set forth in the document(sl assessing the civil nenalty. The decision of the Executive Director on the petition shall be final and shall not be subiect to further administrative or iudicial review. In determinina whether a netition for remission will be anaroved, the Executive Director shall consider recommendations a~d the followine factors: (a) whether one or more of the factors conceming the assessment of a civil penalri in Section 8.2 (c) were wronel~pplied to the detriment of the petitioner: (b) whether thepetitioner oromntlv abated continuin¢ environmenta] damage resulting from the violation givine rise to the assessment; ~cl whether the violation eivin¢ rise to the assessment was inadvertent or the result of an accidenY (dl whether the petitioner has been assessed civil penalties for any prior violations pursuant to this ordinance or bv any State or Federal authoritv enforcin¢ substantiallv similaz provisions; (d) whether pavment of the civil aenalty bv the petitioner will prevent ~avment for anv remainine, necessary remedial action. (91 After submittine a netition for remission the petitioner shall provide such additional information and records as mav be reasonablv necessarv or convenient to the Executive Director's consideration of the netition The Executive Director mav remit the entire amount of a civil oenalri onlv when the petitioner has not been assessed civil uenalties for anv nrior violation of this Article or by State or Federal authoritv enforcin~ substantially similar provisions and the pavment of the civil penaltv will prevent pavment of anv remaining necessary remedial action ~ ~ i na•..a:....«,. vo.,.:..,. e.. ..r.,.,,.,. ..,t,,...e ....,:. aa,.:oa «va ....~.:o..« .,. 35 G~~1