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13. Dismissal—Exhaustion. <br /> a. Under a motion filed by the City or a party to the appeal, the Examiner <br /> may summarily dismiss an appeal or application in whole or in part without <br /> hearing when the Examiner determines that the appeal or application is untimely, <br /> without merit on face, frivolous, beyond the scope of his/her jurisdiction,brought <br /> merely to secure a delay or that the applicant/appellant lacks standing. If the <br /> Examiner issues a dismissal order, the Examiner shall explain the reasons for the <br /> dismissal. <br /> b. If the Examiner issues an order requiring the applicant, or any other party <br /> to the appeal, to provide additional information within a specified time period, <br /> and the party to which the order is directed fails to provide the information by the <br /> required deadline, the Examiner may dismiss the appeal, issue a decision on the <br /> basis of information in the record, or take other action as deemed appropriate by <br /> the Examiner. <br /> c. No person may seek judicial review of any decision or determination of <br /> the City unless the person first exhausts the administrative remedies provided by <br /> the City, except for an appeal of a determination by the Director that a proposed <br /> land use is in violation of the Zoning Code. <br /> 14. Jurisdiction Retained by Examiner. Whenever the Examiner renders a decision, <br /> the Examiner retains jurisdiction for the purpose of making minor changes. A <br /> "minor change"is one or more changes, which do not alter the scope of the <br /> decision. Upon receipt of an application for a minor change, the Examiner may <br /> approve or disapprove a minor change by issuance of a written order. It shall be <br /> the discretion of the Examiner to reconvene the hearing. If the Examiner does not <br /> reconvene the hearing, the Examiner may request written clarification or <br /> comments of the minor changes. Such comments will become part of the official <br /> record. Copies of the order shall be mailed to all parties of record. Within ten <br /> (10) days of the issuance of the order, a party of record may submit a written <br /> request with the Examiner's office requesting a hearing. Upon receipt of such <br /> request, the Examiner's order approving the minor change will be stayed pending <br /> the hearing. Absent receipt of a request for hearing, the order shall be come final <br /> upon expiration of the ten(10) day period. An open record hearing on a proposed <br /> change shall be considered a subsequent action and is not barred by the limitation <br /> on a single open record hearing for a land use permit. <br /> 22 <br />