§ 29-21. Notice of hearing.

(a)

(1)

Subsequent to receipt of an appeal, a notice of hearing shall be served on the appellant by the CUPA, in writing, setting forth the time and place of the hearing, the ground or grounds upon which the recovery action is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be given at least ten (10) days prior to the hearing date which shall be not less than thirty (30) nor more than ninety (90) days from the date upon which the request for hearing was filed. The hearing officer may reschedule the hearing for good cause shown by either party.

(2)

A notice of hearing shall also include the names of hearing officers empowered to hear appeals together with the following notice:

"One of the individuals set forth above will be acting in the capacity of a Hearing Officer in connection with the alleged hazardous materials incident for which you have been deemed a responsible party. If you object to having any one of these individuals sit as a Hearing Officer, you must advise the CUPA in writing of your objections, together with specific reasons why such officer could not impartially conduct the administrative abatement hearing, no later than ten (10) days from the date of this letter. Failure to file a timely objection with the CUPA or failure to set forth good cause as to why any such individual should not serve as a Hearing Officer in connection with your property shall be deemed a waiver of any rights to object to or recuse such Hearing Officer at the time of the hazardous materials liability appeal hearing."

(b)

Hearings shall be conducted informally according to rules or procedures established by the hearing officer.

(c)

Proceedings before the hearing officer shall be electronically recorded. Either party may request that the proceedings also be recorded by a court stenographer, at the cost of the requesting party. Transcriptions shall be at the cost of the requesting party.

(d)

A hearing officer will conduct the hearing and prepare findings.

(e)

If no action is taken by the hearing officer within thirty (30) days of the hearing on the appeal, the appeal shall be deemed denied.

(f)

Costs associated with the hearing officer will be reimbursed by the party deemed responsible in the findings of the appeal, if any.

(Ord. No. 6050, § I, 11-5-2013)