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5 <br />(c) The Hearing Examiner must not be a city employee and the City Clerk must <br />establish a procedure for evaluating the competency of the Hearing Examiner, including <br />comments from citation recipients and city staff. These reports must be provided to the <br />City Council. <br />(d) 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 hours <br />that the assigned Hearing Examiner be removed from the case. The City Clerk will <br />automatically grant one request for removal. A subsequent request must be directed to the <br />assigned Hearing Examiner who will decide whether they can fairly and objectively <br />review the case. If the Hearing Examiner determines they cannot fairly and objectively <br />review the case, the Hearing Examiner shall notify the city clerk in writing at least one <br />business day before the scheduled hearing date. The City Clerk will then assign another <br />Hearing Examiner. <br />3.Qualifications. The Hearing Examiner shall be an individual trained in law; however, it <br />shall not be required that the Hearing Examiner be currently licensed to practice law in the State <br />of Minnesota. The City Manager shall establish specific qualifications based on comparable <br />requirements prevalent in the State of Minnesota, along with knowledge of both local <br />government and administrative law and procedures. <br />4.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. <br />f. See to the preservation of the record of the proceedings, including all submitted <br />evidence and list of witnesses. <br />(E) 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