(A) The District may order any user who violates any of the provisions of this chapter, permit conditions or permit contract conditions to appear before a designated hearing officer to show cause as to why a proposed enforcement action should not be taken. Notice shall be provided to the user specifying the time and place of the hearing. A notice for a show cause hearing shall set forth the violation, the reasons why an action is to be taken, the proposed enforcement action and such other information as will notify the user of the nature of the hearing.
(B) The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action or determination previously made should be rescinded or modified. A notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service of the notice may be made on an agent of the user or officer of the user’s business entity.
(C) A District employee or officer may conduct the hearing and take evidence, or the District may designate another independent person to do so. The District shall not, as a matter of course, provide for a digital recording of the hearing. However, the user may provide for such digital recordation at its expense.
(D) After the hearing officer has reviewed the evidence, administrative orders may be issued which specifically relate to the issues set forth in the notice of show cause hearing. If the user is dissatisfied with the determination of, or the administrative order issued by the hearing officer, the user may file a written request for appeal to the Board. The request for appeal shall be filed with the District Secretary within ten days of the issuance of the determination order of the hearing officer. The District’s Secretary shall calendar the matter before the Board of Directors within 45 days of the date of filing of the written request for appeal to the Board of Directors.
(Ord. 2022-02, passed 3-31-2022)