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(b) A hearing before the hearing officer shall be set for a date that is not less <br />than fifteen (15) calendar days and not more than sixty (60) calendar days from the <br />date of the filing of the Request for Hearing. The party contesting the administrative <br />citation may request one continuance for any reason, in writing, no less than twenty- <br />four (24) hours in advance of the scheduled hearing. The deferred hearing shall not be <br />deferred more than ninety (90) days after the request for hearing was made. A request <br />for continuance made less than twenty-four (24) hours before the scheduled hearing <br />may be granted by the hearing officer based upon exigency only. <br /> <br /> (c) At the hearing, the party contesting the administrative citation shall be given <br />the opportunity to testify and to present evidence and cross-examine witnesses <br />concerning the administrative citation. That contestant may appear personally or <br />through an attorney. Pre-hearing discovery is not authorized, but subpoena of <br />witnesses and documents shall be permitted as authorized by law. The hearing officer <br />may conduct the hearing informally, both as to rules of procedure and admission of <br />evidence, in any manner which will provide a fair hearing. <br /> <br /> (d) The failure of any recipient of an administrative citation to appear at the <br />administrative citation hearing may be deemed an admission of the violation by the <br />recipient and an admission that the amount of the administrative penalty is appropriate <br />and may constitute a failure to exhaust administrative remedies barring judicial review. <br /> <br />Ord-067 9 2179 <br />flshlshlRClCouncil <br />:FXS:rg <br />1/99:06/21/99r <br />06/23/99 2:00 PM <br />07/16/99r <br /> <br /> <br />