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6 Manager or their designee will schedule the hearing and will notify the violator and involved City Staff, of the date, time and location of the hearing. Parties are expected to be available at the hearing for a minimum of two hours. Notice of the hearing must be mailed to the violator and the Hearing Examiner at least ten days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the name of the parties, the identity of the Hearing Examiner, the property of the alleged violation and the type of violation alleged. (3) Continuance. A request for a continuance must be made to the City Manager, or designee during business hours at least five days prior to the scheduled hearing date. The City Manager or designee may grant a continuance at the request of the violator or the City Staff member only for good cause shown and for no more than ten days from the original assigned date. (4) File transmittal. Upon receipt of any request for a hearing, the City Manager, or designee will compile a summary report detailing the facts in support of any determination that the offense constitutes a violation. The summary report must be provided to the hearing officer on the business day preceding the scheduled hearing and shall include the following information: (a) Copy of the administrative penalty sent to the petitioner; (b) Copy of the case history established by the City employee(s), including written accounts correspondences, photos or videos; (c) Proof of mailing and/or posting of notice on the property if the citation was not personally served on the violator. (5) Presentation of case. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply and the Hearing Examiner will determine the admissibility of any evidence and/or testimony. All administrative hearings will be recorded with an audio recording device. A transcript of the administrative hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. (6) Decision. (a) The Hearing Examiner must issue a written decision containing findings of fact, conclusions of law and an order. The decision will be mailed to the parties within ten days after the hearing. The Hearing Examiner has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the Hearing Examiner may consider any or all of the following factors: