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June 18, 2007 (Regular Meeting) <br />Page 452 <br />is supported t <br />~„c evluence presented at the hearing <br />(e) The Executive Director may provide for any part of the <br />hearing to be recorded by anv reasonable means includin <br />but not lrmited to, audio and/or video recordin , <br />stenographer or court reporter A transcript of anv <br />hearing, or part thereof which is recorded need not be <br />prepared unless requested The original of a requested <br />transcript shall be filed with the Executive Director Each <br />person shall bear the cost of the transcript which said <br />person requests including anv copy thereof , <br />(5) Stay of permit conditions pendin hearing <br />(a) Except as provided in Section 9 3(f)(5)(d) each condition <br />of a permit which has been included in a demand for a <br />hearing in accordance with the provisions of this section <br />is stayed and shall not take effect until the earliest <br />occurrence of anv one of the following circumstances Such <br />condition is approved or is modified by the Executive <br />Director at an ad~udicatory hearinq• or the applicant and <br />the Executive Director agree on the conditions of the <br />hermit. This subsection shall not be construed to stay anv <br />provision of this article or other applicable law <br />(b) Upon receipt of a demand for a hearin on a permit ranted <br />subject to unacceptable conditions the Executive Director <br />shall identify each provision to which no objection was <br />made and such provisions shall remain in effect• provided <br />that, if the Executive Director determines that it would be <br />unreasonable for a provision to apply when all surrounding <br />circumstances are considered, the Executive Director in his <br />sole discretion may stay such provision until the time set <br />forth in Section 9.3(f)(5)(a) <br />( c) If the unacceptable permit is a renewal of an existin <br />ermit, each provision of the applicant's existing permit , <br />will remain in effect until the time set forth in Section <br />9.3(f)(5)(a) above; provided that such provision from the <br />existing permit does not conflict with anv provision of the <br />unacceptable permit which is not stayed In the event of a <br />conflict, the provision from the unacceptable permit will <br />control. <br />(c) A~ condition of a permit which is unacceptable to an <br />applicant and which is included in a permit pursuant to <br />Section 4.3 (d) shall remain in effect and shall not be sta ed <br />by the provisions of Section 9 3(£)(5)(a) <br />(6) Stay of assessment• order <br />(a)(i) Each assessment of a civil enalt which has been included <br />in a demand for a hearinq in accordance with the provisions <br />of this section is staved and shall not take effect until <br />the earliest occurrence of an one of the followin <br />circumstances: the assessment of the civil enalt is <br />approved or is modified by the Executive Director at an <br />ad~udigatory hearinq• or the person who is assessed the <br />civil penalty and the Executive Director agree on the <br />assessment. <br />(ii) If the assessment of a civil enalt a ainst an <br />person is approved or modified by the Executive Director at t <br />an ad~udicatory hearinq the Executive Director may include <br />the following provisions in anv order or decision <br />B <br />saia person may be required to pay said penaltti <br />within ten (10) days or such additional time as the <br />Executive Director may specify <br />if said penalty is not paid in a timely manner <br />the penalty will be delinquent and water and/or sewer <br />service may be terminated to said person without <br />further notice. If water and/or sewer service is <br />terminated pursuant to a decision authorized by this <br />