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5 <br /> <br />(6) Removal of the Hearing Examiner. No later than five days before the date of the <br />hearing, the recipient of the citation may make a written request during business <br />hours that the assigned Hearing Examiner be removed from the case. The City Clerk <br />will automatically grant one request for removal. A subsequent request must be <br />directed to the assigned Hearing Examiner who will decide whether they can fairly <br />and objectively review the case. If the Hearing Examiner determines they cannot <br />fairly and objectively review the case, the Hearing Examiner shall notify the City <br />Clerk in writing at least one business day before the scheduled hearing date. The City <br />Clerk will then assign another Hearing Examiner. <br />(7) Qualifications. The Hearing Examiner shall be an individual trained in law; however, <br />it shall not be required that the Hearing Examiner be currently licensed to practice <br />law in the State of Minnesota. The City Manager shall establish specific <br />qualifications based on comparable requirements prevalent in the State of Minnesota, <br />along with knowledge of both local government and administrative law and <br />procedures. <br />(8) Duties. The Hearing Examiner shall have the following duties: <br />(a) Set dates and hear all contested cases; <br />(b) Take testimony from all interested parties; <br />(c) Examine all facts, evidence and testimony presented; <br />(d) Make a complete written record of all proceedings including findings of fact and <br />conclusions of law; and <br />(e) Affirm, dismiss or modify the Administrative Citation and/or the Administrative <br />Penalty assessed; and <br />(f) See to the preservation of the record of the proceedings, including all submitted <br />evidence and list of witnesses. <br /> <br />(G) Hearing procedure. Any person issued an administrative penalty within the City of St <br />Anthony may petition the City, in writing and during business hours, for an administrative <br />hearing before a Hearing Examiner. All administrative hearings will take place at the St Anthony <br />City Council Chambers within City Hall or other administrative room within the building if <br />Chambers are not available (3301 Silver Lake Road NE) between business hours as needed <br />Monday through Friday; the hearings may be in-person or virtual. The Hearing Examiner may <br />schedule an alternative date and time upon the written consent of all parties subject to the <br />administrative hearing. <br />(1) All such petitions shall identify with specificity the basis for the objection to the <br />administrative citation and the interpretation of the City Code, as well as summarizing any <br />evidence the petitioner intends to present. Such requests shall be filed in writing to the City <br />Manager, or their designee, within 14 business days after the ordinance administrative <br />penalty is issued. <br />(2) The City will confirm request of an administrative hearing and include information on <br />the administrative penalty hearing fee as outlined in the City Fee Schedule. This fee will be <br />refunded if the administrative citation is dismissed, but not if affirmed or modified. The City