37-95 Administrative hearing.

(a)    A customer who disputes the accuracy of a Water Services Department billing must first present a written complaint to a Water Services Department customer services representative. This complaint must be received by the customer services representative no later than sixty days after the end of the billing period in dispute. The customer services representative shall initially investigate the complaint and mail to the customer his decision on the complaint.

(b)    If an objection to the decision of the customer services representative is not filed within thirty days following the day upon which the decision of the customer services representative is mailed to the customer, the decision of the customer services representative shall be final and conclusive as between the customer and the City and the customer shall have forfeited any right for a further hearing and the amount owing shall become immediately due and payable.

(c)    A customer who objects to the decision of the customer services representative may obtain a review of the customer services representative’s decision if the customer files his objections in writing with the City Auditor Department no later than thirty days following the day upon which the decision of the Customer Services Representative was mailed to the customer. The written objection shall include the following:

i.    Statement of the amount under protest;

ii.    Statement of the reason why the decision was incorrect and should be adjusted; and

iii.    Request for a hearing if one is desired.

If a hearing is not requested, a decision will be made on the protest based on the written evidence submitted.

(d)    The protest shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Water Services Department.

(e)    The hearing officer shall provide to the Water Services Department a copy of the customer’s protest and shall request from the Water Services Department a response to the issues raised. The Water Services Department shall submit to the hearing officer, and mail to the customer, a written response to the hearing officer’s request within thirty days of receipt of such request.

(f)    Upon receiving a written request for an extension of time at any time prior to a deadline in this section, the hearing officer shall be empowered to grant extensions of time.

(g)    A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (e) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The customer shall have the opportunity to appear with witnesses and counsel to present information on behalf of the customer. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.

(h)    After the hearing on the matter, the hearing officer shall within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the disposition of the dispute.

(i)    The hearing officer shall be empowered to make a final decision as to the validity of the customer’s complaint. If the hearing officer determines the customer’s dispute to be valid, the officer shall be empowered to make an appropriate adjustment to the customer’s bill. The determination of the hearing officer shall be final and conclusive between the City and the customer as to the dispute submitted for determination. The customer’s water service shall not be terminated for failure to pay the amount in dispute, until the hearing officer has made his written determination as provided in subparagraph (h). If the hearing officer determines that an amount is due from the customer to the City, the amount shall be immediately due and payable upon issuance of the written determination provided in subparagraph (h).

(Ord. No. G-2474, § 1; Ord. No. G-2960, § 1; Ord. No. G-5444, § 3, adopted 10-21-2009, eff. 11-20-2009)