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June 18, 2007 (Regular Meeting) Page 451 (a) a permit Granted subject to unacceptable conditions the a licant must identifv separately each unacceptable condition and every basis for such contention, (b) a civil penalty assessment the Person to whom such penalty was assessed must state separately each reason wh such enalt should not be assessed or, if the user contends that the civil penalty was assessed in an improper amount each reason why the amount of the penalty is improper; and ' (c) the issuance of an order the person to whom such order is issued must identifv separately each Provision of the order which is im ro er and ever basis for such contention. (9) Conduct of hearing. (a) The hearin shall be conducted bV the Executive Director and shall be subject to such rules as have been approved the Board of Directors or the Executive Director as hereinafter set forth If the demand for a hearing is not made in accordance with the rovisions of this section, the Executive Director shall reject the demand and any right to a hearin shall be terminated If anV person demandincL a hearin shall fail to com 1 with an order of the Executive Director or with an rules issued b the Executive Director or a proved by the Board of Directors concernin~he conduct of the hearin the Executive Director may reject the demand and an ri ht to a hearin shall be terminated. Within ninety (90) days of the receipt of the written demand for a hearin the Executive Director shall conduct a hearin and issue a final order or decision. The Executive Director shall transmit a copy of the final order or decision to the person demanding the hearing by re istered or certified marl. No further review of the Executive Director's final order or decision will be allowed, exce t as set forth in Section 9.3(f)(7). ' (b) The Executive Director ma submit rules to the Board of -Directors for a royal concernin the conduct of the hearin and any other matter associated with the hearinq• Such rules ma im ose re uirements in addition to the provisions of this section Upon approval by the Board of Directors, such rules shall be as effective as if set forth in this section The Executive Director shall make a copy of such rules available for inspection upon the request of any person. (c) The Executive Director is authorized to take any action which is reasonably necessary or convenient in considerin a demand for a hearin and in resolvin the issues raised therein so lon as such action is not contrary to the rovisions of this article any rules approved by the Board of Directors or other applicable law. (d) The Executive Director may appoint a hearing officer to conduct any hearinq authorized by this section. A hearing officer shall have the same authority to conduct a hearrng and reach a decision as is rovida;d to the Executive Director provided that, the decision of the hearing officer shall not be final but shall be a recommended decision for consideration b the Executive Director. The Executive Director ma a rove such decision without ' chan e, reject the decision and re uire a new or continued hearin or issue a different or revised decision which is sup orted by evidence presented at the hearing. The Executive Director ma refer a recommended decision of a hearin officer to the Chairman of the Board or his desi nee. In the event of a referral, the Chairman of the Board or his desi nee shall have the same authority to act u on a recommended decision of a hearing officer as is rovided to the Executive Director. The decision of the Executive Director or, in the event of a referral, of the Chairman of the Board or his desi nee shall be final. A final order ma rovide that the action which is the basis F,,,- rt,A riamand for a hearing is approved without change or