(A) Any user, permit applicant, permit or permit contract holder affected by any decision, enforcement action or determination made by the District, interpreting or implementing the provisions of this chapter or in any permit or permit contract issued herein, may file with the General Manager a written request for reconsideration of a staff decision, action or determination within 15 days of notification of said staff decision, action or determination. The written request for reconsideration shall detail facts supporting the user’s request and such facts shall include a statement listing all relevant facts which shall be considered including such facts as may not have been known or available to the District at the date of such action.
(B) The General Manager shall render a decision on the request for reconsideration within 15 days of receipt of the request unless the General Manager requests additional information from District staff or the user. The General Manager shall concur, modify or rescind the action, decision or determination previously made or may grant a show cause hearing regarding such decision, action or determination. If the ruling on the request for reconsideration made by the General Manager is unacceptable, the user may, within ten days after the date of notification of the General Manager’s determination, file with the District Secretary a request for appeal to the Board. A user shall not have a right to an appeal to the Board of Directors unless the user has complied with the procedures concerning the request for reconsideration by the General Manager as set forth above.
(C) When a written request for appeal to the Board of Directors has been properly filed with the District Secretary, the District Secretary shall schedule the matter to be heard by the Board of Directors within 45 days from the date of the filing of the written request. The Board of Directors shall make a ruling on the appeal within 15 days from the date of the hearing unless the Board of Directors requests additional information from District staff or the user.
(D) Notwithstanding the foregoing, the statutory appeal procedures set forth in Cal. Gov’t Code, §§ 54739 et seq., applicable to administrative civil penalties imposed or sought pursuant to § 35.081, shall exclusively apply to such penalties.
(Ord. 2022-02, passed 3-31-2022)