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A. One or more hearing examiners shall be appointed by the city to hear appeals relating to the interpretation and/or enforcement of this chapter. Contracts may be entered into by the person or persons acting as hearing examiner, to be compensated as shall be provided therein and paid out of moneys made available and budgeted therefore.
B. The hearing examiner shall hear all appeals from any affected employer from the following decisions or actions:
1. Notice of civil violation;
2. Administrative decisions regarding exemptions, modification of goals and CTR program elements.
C. Conduct of Appeal Hearing. The hearing examiner shall hear evidence presented by the city. The hearing officer shall likewise hear evidence presented by the person appealing the notice of violation, or administrative decision. In the case of an appeal of a notice of civil violation the burden of proof at the hearing shall rest with the city to show by a preponderance of the evidence that there is a violation as claimed. In the case of an appeal of an administrative interpretation, the hearing examiner shall give substantial weight to the planning official's interpretation and shall substitute his/her judgment only upon a showing by the appellant that the planning official's interpretation is arbitrary and capricious. Formal rules of evidence need not be followed, but witnesses shall be sworn by the hearing officer and a written order issued. (Ord. M-3919 § 13, 2009; Ord. M-3391, 1998; Ord. M-3045 § 1, 1993) (Ord. M-3919 § 13, 2009; Ord. M-3391, 1998; Ord. M-3045 § 1, 1993.)