A. Any person determined to be ineligible to receive a specific relocation assistance benefit or any person disputing the amount of specific relocation assistance benefits must file an appeal within 90 days after notice by the City, its agents or representatives.

B. The request for an appeal hearing and all other communications with the City or appeals board shall be in writing and shall be directed to the following person at the City:

City Engineer
City of Beaverton
P.O. Box 4755
Beaverton, Oregon 97076

C. Hearings will be granted on all requests that are postmarked no later than 12:00 a.m. of the 90th day following the mailing date of the notice of benefit. The hearing shall be in substantial compliance with ORS Chapter 183.

D. When a person files a request for a hearing with the City, an informal conference will be scheduled within 30 days with the person and the City’s project manager for the project involved. At the informal conference the person shall be permitted to make an oral presentation and to supply the project manager with any information the person deems relevant.

E. Within 10 days after the informal conference, the person requesting the hearing shall be mailed written notice of the results of the conference. The results shall include a statement of the reasons upon which the decision is based. Should the person requesting the hearing not agree with the results of the informal conference, the person shall so notify the City in writing within 10 days after the date notification was mailed, and the City shall set a date for a formal hearing with the appeals board which shall be within 20 days after the person informs the City that the results of the informal conference are not acceptable.

F. The City shall send notice of the time and place for the formal hearing to the person requesting the hearing, to the project manager and to the appeals board. Notice to the person requesting the hearing shall be by mail to the return address stated on the notice requesting a hearing; all other notices may be by any means reasonably calculated to give actual notice. Notice may also be given to such other persons as the project manager or appeals board may determine to be interested persons.

G. The person requesting the hearing and the project manager or their representatives may make argument, submit testimony, cross-examine witnesses and submit rebuttal evidence on the pertinent issues.

H. All hearings shall be recorded in a manner which will allow for written transcription to be made, and all materials submitted at the hearing shall be retained by the hearings officer for a period of three years.

I. Failure of the person requesting the hearing to appeal at the hearing shall constitute a waiver of the right to a hearing.

J. After the hearing the appeals board shall issue and mail a copy of its final order determining the question within 15 days from the date of the hearing, or any continuance thereof not to exceed 15 days, to the person(s) requesting the hearing. The final order shall include a statement of the reasons upon which the final order is based. [Ordinance No. 3319, 4/19/83]