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12.4. Stay, exception. <br />If, in the OCTAP Administrator's opinion, the continued operation of a Taxicab, <br />possession of a Company Permit, or possession of a Driver Permit represents a health <br />or safety hazard for the public, the adverse action shall not be stayed pending the final <br />determination on appeal. <br />12.5. Initial review of appeal. <br />If an appeal is timely filed, the OCTAP Administrator shall either make the final <br />decision regarding the appeal or shall assign a hearing officer to make the final decision <br />regarding the appeal. The OCTAP Administrator may review the appeal and any <br />additional information provided therein and shall have the discretion to determine the <br />appropriate action in response to the appeal. <br />12.6. Hearing Officer. <br />In the event the OCTAP Administrator elects to assign a hearing officer to decide <br />the appeal then the following shall apply: <br />12.6.1. The hearing officer shall not be an OCTA employee; <br />12.6.2. The hearing officer shall expeditiously schedule the appeal hearing. <br />12.6.3. The appellant and the OCTAP Administrator or the Administrator's <br />designee shall each have the right to appear in person and be <br />represented by legal counsel or other representative, to present <br />evidence, to call and cross-examine witnesses under oath, and to <br />present argument. <br />12.6.4. The formal rules of evidence shall not apply, and any relevant <br />evidence that is the sort of evidence upon which responsible <br />persons are accustomed to rely in the conduct of serious affairs <br />shall be admissible. <br />12.6.5. Hearsay evidence may be considered by the hearing officer, but no <br />findings may be based solely on hearsay evidence unless <br />supported or corroborated by other relevant and competent <br />evidence. <br />12.6.6. The OCTAP Administrator may promulgate supplementary rules <br />and procedures for the conduct of the hearing, the forms of notice <br />and proceedings, and the preparation and submission of the <br />record. <br />Page 34 <br />65? 12J J <br />