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Any administrative action by Provo City for which a hearing is required and for which no other procedure is provided shall, except as otherwise expressly provided by a Section of the Provo City Code, or by other ordinance, conform to the following:

(1) Administrative hearings shall be conducted by the Mayor or by one or more hearing examiners appointed by the Mayor.

(2) Reasonable notice stating time, place and subject matter shall be given to the parties involved, prior to any hearing. No hearing, or the result thereof, shall be invalidated by any defect in giving notice to the parties involved, unless a denial of due process is caused thereby.

(3) At the request of any party, witnesses shall be sworn by the hearing officer. Minutes of the hearing shall be kept by a secretary appointed by the Mayor. At the request and expense of any party, a hearing may be recorded by a certified shorthand reporter. Hearings may be tape-recorded only under the direction and with the consent of the hearing officer. The hearing officer shall adopt written findings and enter a written order or decision.

(4) Any decision entered by a hearing examiner may be vacated by the Mayor within fifteen (15) days after the entry thereof. The Mayor shall thereafter conduct such further hearings, if any, as the Mayor deems necessary, and based upon evidence received at all hearings on the issues, the Mayor shall adopt written findings and enter a written order or decision.

(5) A written order or decision of a hearing examiner, if not vacated by the Mayor, and a written order or decision of the Mayor, shall constitute a final decision from which an appeal (for purposes of review and not a trial de novo) may be taken to a court of law, in the time and manner otherwise provided by law.

(Am 2006-45)