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hearing service fee to be specified by resolution of the city council to cover the <br />city's cost in providing an administrative hearing officer, hereinafter ("hearing <br />officer"). <br />(d) All hearings conducted pursuant to this section shall be heard by the <br />same hearing officer who has been appointed by the Santa Ana City Manager <br />pursuant to section 1-28.8 of this code. <br />(e) Hearing procedures for hearings conducted pursuant to this section shall <br />be as follows: <br />(1) No hearing to contest a determination of the collector before a <br />hearing officer shall be held unless and until a timely "request for <br />hearing" form has been completed and filed with the collector, <br />and <br />(2) After receipt of the "request for hearing" form and deposit of the <br />hearing service fee, a hearing before the hearing officer shall be <br />set for a date that is not less than fifteen (15) and not more than <br />sixty (60) days from the date that the "request for hearing" is filed <br />in accordance with the provisions of this section. The person <br />requesting the hearing shall be notified at least (10) days prior to <br />the date of the hearing. The failure of any person to appear at the <br />hearing shall constitute a forfeiture of the administrative hearing <br />service fee deposit and shall be a bar to judicial review of the <br />hearing officer decision based upon failure to exhaust <br />administrative remedies. <br />(3) At such hearing the person may appear and offer evidence why <br />the collector's specified tax amount should not be fixed as the <br />license tax amount or why such classification prescribed by the <br />collector as the applicable tax classification should not be fixed. <br />Formal rules of evidence shall not apply. <br />(4) Upon request, the person requesting the hearing shall be <br />provided with reports and other documents relied upon by the <br />collector in making his or her determination. In addition, if the <br />collector, duly authorized revenue officer, or other individual <br />appearing at the hearing as the agent of the collector submits <br />any additional written reports to the hearing officer for <br />consideration at the hearing, then a copy of said documentation <br />shall also be served by mail on the person requesting the <br />hearing. <br />Page 17 <br />75D-19