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PUBLIC HEALTH <br />LAW CENTER <br />at MRCW1 HLmr_ Sd..J c! L.. <br />(B) Reasonable Reliance. It is an affirmative defense to a violation of this ordinance for a <br />person to have reasonably relied on proof of age as described by state law. <br />Section 11. Violations and Penalties. <br />(A) Violations. <br />(1) Notice. A person violating this ordinance may be issued, either personally or by mail, <br />a citation from the city/county that sets forth the alleged violation and that informs <br />the alleged violator of his or her right to a hearing on the matter and how and where a <br />hearing may be requested, including.a contact address and phone number. <br />(2) Hearings. <br />(a) Upon issuance of a citation, a person accused of violating this ordinance may <br />request in writing a hearing on the matter. Hearing requests must be made within 10 <br />business days of the issuance of the citation and delivered to the City/County Clerk <br />or other designated officer. Failure to properly request a hearing within 10 business <br />days of the issuance of the citation will terminate the person's right to a hearing: <br />(b) The City/County Clerk or other designated officer will set the time and place <br />for the hearing. Written notice of the hearing time and place will be mailed or <br />delivered to the accused violator at least 10 business days prior to the hearing. <br />(3) Hearing Officer. The City Council/ Board of Commissioners will designate a hearing <br />officer. The hearing officer will bean impartial employee of the city/county or an <br />impartial person retained by the city/county to conduct the hearing. <br />(4) Decision. A decision will be issued by the hearing officer within 10 business days of <br />the hearing. If the hearing officer determines that a violation of this ordinance did <br />occur, that decision, along with the hearing officer's reasons for finding a violation and <br />the penalty to be imposed, will be recorded in writing, a copy of which will be provided <br />to the city/county and the accused violator by in-person delivery or mail as soon as <br />practicable. If the hearing officer finds that no violation occurred or finds grounds for <br />not imposing any penalty, those findings will be recorded and a copy will be provided <br />to the city/county and the acquitted accused violator by in-person delivery or mail as <br />soon as practicable. The decision of the hearing officer is final, subject to an appeal as <br />described in section 11, division (A)(6) of this section. <br />3une 2019, <br />135 <br />