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A. A hearing pursuant to this Section shall be requested by the User, in writing to the Director within fifteen (15) business days of the User’s actual notice of the Director’s action or determination from which the User seeks appeal. Failure to request such hearing within this period shall constitute a waiver of the right to administrative hearing, unless the Director determines that good cause exists for the delay.

B. Any request for administrative hearing shall adequately identify the affected User, the Director’s action or determination from which the User seeks appeal, and the basis or reasons for the appeal.

C. The Director shall respond to all requests for administrative hearing within fifteen (15) business days of receipt of request from the User, or five (5) business days if the User is contesting suspension of wastewater services, permit, or other control document.

D. The Director may deny a request for hearing if the request is untimely, the action contested is not subject to appeal, or if the Director determines in good faith that the request is incomplete or additional information is needed to identify the User, determine the particular action or decision appealed, or determine the basis or reasons for appeal. If the request is denied, the Director shall state the basis for the denial in the Director’s response.

E. If the request for hearing is granted, the Director shall set a date for hearing no sooner than ten (10) days or later than thirty (30) days from the date of the Director’s response to the request. The Director may extend the date for hearing upon good cause for delay and timely notice to the User.

F. The Director’s response granting an administrative hearing shall notify the User of the following items:

1. The names and addresses of all parties to whom notice has been sent;

2. The mailing address and telephone number of the department or office designated to represent the Director, typically the City Attorney’s Office;

3. The official file or reference number and name of the proceeding;

4. The name, title, mailing address, and telephone number of the appointed hearings officer, if known;

5. A brief statement of the time, location, and nature of the administrative hearing;

6. A statement that the hearing is provided pursuant to this Section under the authority conferred upon the Director by Section 14.10.020 of this Ordinance;

7. A reference to the particular Sections of this Ordinance, State law, or Federal law upon which the Director intends to rely;

8. A short statement of the factual or legal matters asserted by the Director, if known; and

9. A statement that a party who fails to attend or participate in the scheduled hearing may be found in default. (Ord. M-3970 §2, 2010)