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Last modified
9/20/2012 7:21:38 AM
Creation date
8/15/2011 2:41:11 PM
Metadata
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Template:
Building
RecordID
10248
Title
Legal- Miscellaneous
Company
Marion County
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Legal
Project ID
CS9801 Courthouse Square Construction
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. ~~~ ~~ <br />1 5.4. Exclusion Form: Written notice signed by the issuing party shall be given to a person <br />2 excluded from all or part of a District Facility, which notice shall specify the reason <br />3 for exc~usion, places and duration of exclusion, the consequences for failure to comply <br />4 with the notice, and notice of appeal rights. Exclusion shall commence immediately <br />5 upon delivery of the notice to the excluded person. <br />6 <br />7 5.5. Administrative Guidelines: The General Manager shall promulgate administrative <br />8 guidelines establishing the duration of exclusion and locations of the exclusion based <br />9 upon the type of violation, the person's previous exclusion record and the person's <br />0 progression of behavior after being advised of their violation of any section of this <br />1 ordinance 24 <br />5.6. Anveal Process: The excluded person may appeal in writing within ten (10) days <br />after the commencement of the exclusion to the General Manager or designee for de <br />novo review of the exclusion. The a~peal ~nay ~et~e~r-request that the General <br />Manager or designee ~e-rescind or waive the exclusion, alter the places of exclusion or <br />reduce the duration of exclusion. An appeal shall contain a copy of the exclusion <br />notice, a request for a heazing or request for written review without a hearing, and a <br />statement setting forth the reason that the exclusion should be rescinded, altered or <br />reduced. The General Manager or designee shall render a decision no later than ten <br />(10) days after receipt of an appeal ~e~g-~nless the a~peal requests that~e~ <br />~,~e~ a hearin~ be held. In addition to or in the alternative to an appeal, at <br />any time di~ri~g the exclusion. an excluded person may petition in writinQ to the <br />General Mana~,er or designee for a tem~orary waiver of the exclusion which mav be <br />allowed or denied at the discretion of the General Mana¢er. <br />5.~. Avneal Hearin~: If the appeal by an excluded person includes a request for a hearing, <br />a public hearing will be conducted by the General Manager or designee within ten (10) <br />days after the receipt of the appeal and the General Manager or designee will render a <br />decision within fifteen (15) days after the hearing. <br />5.7.1. The order of the hearing shall be as follows: presentation of documentation <br />and testimony supporting the exclusion, followed by presentation of <br />documentation and testimony opposing the exclusion. <br />5.~.2. The burden of proof of a fact or position rests on the District to establish a <br />violation of this Ordinanc • <br />5.73. The General Manager or designee may question witnesses and review all <br />documentation refened to by the witnesses. <br />41 <br />Z' Administrative guidelines shall include a chart of location and duration limits. See attached. <br />Revised ~42/4/00 bcf Page 13 <br />
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