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26 <br /> <br /> (a) The name and the address of the appellant; <br /> (b) The nature of the decision or action being appealed; <br /> (c) Why appellant believes the decision or action is unwarranted; and <br />(d) What the appellant believes the appropriate decision or action <br />should be. <br /> <br />3. Upon receipt of a timely notice of appeal, the Director shall set a date and <br />time for an appeal hearing, but in no case shall the hearing be set more than <br />sixty (60) days from the receipt of the timely notice of appeal. The appellant <br />shall be notified in writing of the date, time, and place for the appeal <br />hearing. The Director or Director’s designee shall serve as the hearing <br />examiner and be the presiding officer at the hearing. <br /> <br />B. Appeal Hearing. <br /> <br />1. Content of Notice of hearing. The notice of hearing shall include: <br />(a) Names and mailing addresses of all parties to whom notice is being <br />given, and if known, the names and addresses of their <br />representatives; <br />(b) If the City intends to appear, the mailing address and telephone <br />number of the office designated to represent the City in the <br />proceeding; <br />(c) The official file or other reference number and name of proceeding; <br />(d) The name, official title, mailing address and telephone number of <br />the presiding officer, if known; <br />(e) A statement of the time, place and nature of the proceeding; <br />(f) A statement of the legal authority and jurisdiction under which the <br />hearing is to be held; <br />(g) A reference to the particular section of the ordinance or regulations <br />involved; <br />(h) A short and plain statement of the matters asserted by the agency; <br />and <br />(i) A statement that a party who fails to attend or participate in a hearing <br />or other stage of an appeal hearing may be held in default. <br />2. Procedures at hearing. The hearing examiner/presiding officer, who may be <br />the Director or the Director’s designee, shall regulate the course of the <br />hearing. The presiding officer shall afford to all parties the opportunity to <br />respond, present evidence and argument, conduct cross-examination, and <br />submit rebuttal evidence; provided, however, the presiding officer may <br />control the manner and extent of cross-examinations and rebuttal. In the <br />discretion of the presiding officer, all or part of the hearing may be <br />conducted by telephone or other electronic means as long as each party in <br />the hearing has an opportunity to effectively participate and hear.