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percent (10%) of the scheduled fine amount may be imposed under subsection (J) <br />of this section. <br />(H) Administrative Hearing. <br />1. Notice of the hearing must be served in person or by mail on the cited <br />party at least ten (10) days in advance, unless a shorter time is accepted by all <br />parties. The cost of the hearing will be split equally between the city and the <br />person responsible for the violation. At the hearing, the parties will have the <br />opportunity to present testimony and question any witnesses, but strict rules of <br />evidence will not apply. The hearing officer must tape record the hearing, and <br />may receive testimony and exhibits. The officer must receive and give weight to <br />evidence, including hearsay evidence, that possesses probative value commonly <br />accepted by reasonable and prudent people in the conduct of their affairs. <br />2. The City Council will periodically approve a list of lawyers, arbitrators, <br />and qualified neutral third parties from which the City Administrator will <br />randomly select a hearing officer to hear and determine a matter for which a <br />hearing is requested. The cited party will have the right to request hat the assigned <br />hearing officer be removed from the case. That request must be made no later <br />than five (5) days before the date of the hearing. One request for each case will be <br />granted automatically by the city administrator. A subsequent request must be <br />directed to the assigned hearing officer who will decide whether he or she cannot <br />fairly and objectively review the case. The city enforcement officer may remove a <br />hearing officer only by requesting that the assigned hearing officer find that he or <br />she cannot fairly and objectively review the case. If such a finding is made, the <br />officer shall remove himself or herself from the case, and the City Administrator <br />will assign another hearing officer. The hearing officer is not a judicial officer but <br />is a public officer as defined by Minnesota statutes section 609.415. The hearing <br />officer must not be a City employee. The city administrator will establish a <br />procedure for evaluating the competency of the Hearing Officers, including <br />comments from accused violators and city staff. <br />3. The hearing officer has the authority to determine that a violation <br />occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, <br />or waive a scheduled fine either unconditionally or upon compliance with <br />appropriate conditions. When imposing a penalty for a violation, the hearing <br />officer may consider any or all of the following factors: <br />a. The duration of the violation; <br />b. The frequ ency or reoccurrence of the violation; <br />c. The seriousness of the violation; <br />d. The histor y of the violation; <br />0 <br />