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deposit with the collector a hearing service fee to be specified by resolution of the city <br />council to cover the city's cost in providing an administrative hearing officer, hereinafter <br />("hearing officer"). <br />(d) All hearings conducted pursuant to this section shall be heard by the same <br />hearing officer who has been appointed by the Santa Ana City Manager pursuant to <br />section 1-28.8 of this code. <br />(e) Hearing procedures for hearings conducted pursuant to this section shall be as <br />follows: <br />(1) No hearing to contest a determination of the collector before a hearing <br />officer shall be held unless and until a timely "request for hearing" form <br />has been completed and filed with the collector, 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 set <br />for a date that is not less than fifteen (15) and not more than sixty (60) <br />days from the date that the "request for hearing" is filed in accordance <br />with the provisions of this section. The person requesting the hearing <br />shall be notified at least (10) days prior to the date of the hearing. The <br />failure of any person to appear at the hearing shall constitute a <br />forfeiture of the administrative hearing service fee deposit and shall be <br />a bar to judicial review of the hearing officer decision based upon <br />failure to exhaust administrative remedies. <br />(3) At such hearing the person may appear and offer evidence why the <br />collector's specified tax amount should not be fixed as the license tax <br />amount or why such classification prescribed by the collector as the <br />applicable tax classification should not be fixed. Formal rules of <br />evidence shall not apply. <br />(4) Upon request, the person requesting the hearing shall be provided <br />with reports and other documents relied upon by the collector in <br />making his or her determination. In addition, if the collector, duly <br />authorized revenue officer, or other individual appearing at the hearing <br />as the agent of the collector submits any additional written reports to <br />the hearing officer for consideration at the hearing, then a copy of said <br />documentation shall also be served by mail on the person requesting <br />the hearing. <br />(5) The hearing officer may continue the hearing and request additional <br />information from the collector prior to issuing a written decision. <br />(6) After such hearing, the hearing officer shall determine the proper tax <br />to be charged or classification prescribed and shall forthwith give <br />Page 15 <br />11A-17