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BC 2007 06 18 Regular
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BC 2007 06 18 Regular
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Last modified
12/19/2007 4:13:24 PM
Creation date
11/27/2017 1:03:55 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
6/18/2007
Board
Board of Commissioners
Meeting Type
Regular
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Page 453 <br />June 18, 2007 (Regular Meeting) <br />subsection the application charges and fees as set <br />forth in Section 3 must be paid before service will <br />be restored. <br />(b) Exce t as provided in Section 8.1 (f) (suspension), each <br />rovision of an order which has been included in a demand <br />for a hearin in accordance with the provisions of this <br />section is sta ed and shall not take effect until the <br />earliest occurrence of any one of the followin <br />circumstances such rovision is approved or is modified by <br />the Executive Director at an ad7udicatory hearing, or the <br />' erson to whom the order is directed and the Executive <br />Director a ree on the terms of the order. This subsection <br />shall not be construed to stay any provision of this <br />article or other applicable law. <br />( c) U on recei t of a demand for a hearin on an order, the <br />Executive Director shall identify each provision to which <br />no ob'ection was made and such rovision shall remain in <br />effect; rovided that, if the Executive Director determines <br />that it would be unreasonable for such provision to apply <br />when all surroundin circumstances are considered, the <br />Executive Director in his sole discretion may stay such <br />rovision until the time set forth in Section 9.3(f)(6)(b) <br />(7) Judicial review. An erson a ainst whom a final order or <br />decision of the Executive Director is made ursuant to the <br />hearin conducted under Section 9.3(f), ma seek 'udicial review <br />of the order or decision b filin a written etition within <br />thirt (30) da s after recei t of notice of the order or <br />decision, but not thereafter, with the Su erior Court of Cabarrus <br />County If not previously requested said person shall request in <br />wrttin that a transcript be Prepared for every part of the <br />hearin which was recorded. Said re uest shall be made at or <br />before the time that the etition is filed. A copy of the <br />etition shall be served on WSACC in the manner required by law <br />Within thirty (30) days after service of a copy of the petition <br />u on WSACC or such other time as may be ordered by the Court, <br />WSACC shall re are and transmit to the Court the original or a <br />certified copy of the official record of the hearing as <br />hereinafter set forth The official record of the hearing shall <br />consist of: <br />(a) all notices, motions and other similar documents; <br />(b) all documentar and tan ible evidence tendered at the <br />hearing; and <br />(c) the final order or decision A transcript of each part of <br />the hearin that was recorded shall be included in the <br />official record as an exhibit, if available at the time the <br />remainin ortion of the official record is transmitted to <br />the Court. If the transcri t is not available at that time, <br />it shall be transmitted to the Court as soon as reasonabl <br />ossible after the transcript has been prepared Zf <br />testimony is taken and not recorded a narrative summary of <br />an testimon taken shall be re ared and transmitted to <br />the court as an exhibit to the official record. <br />(8) The Executive Director ma consider etitions for remission of <br />civil penalties assessed ursuant to this ordinance. A Petition <br />for remission shall be in writi~and shall be signed by the <br />ersons against whom the civil penalty was assessed. The petition <br />shall include a waiver of any and all rights of the petitioner <br />to an ad'udicator hearin and udicial review of the assessment <br />and a sti ulation that the facts are correct as set forth in the <br />document(s) assessin the civil enalt The decision of the <br />Executive Director on the etition shall be final and shall not <br />be sub'ect to further administrative or 'udicial review. In <br />determinin whether a petition for remission will be approved, <br />the Executive Director shall consider recommendations and the <br />following factors: <br />(a) whether one or more of the factors concerning the <br />assessment of a civil enalt in Section 8.2 (c) were <br />,.,,-nnr,l v aoolied to the detriment of the petitioner; <br />
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