1040.35 ADMINISTRATIVE APPEALS.
   (a)   In order that the provisions of this chapter may be reasonably applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of this chapter, the Board shall serve as a Wastewater Board of Appeals. The duty of such Board shall be to consider appeals from a decision of the Superintendent and to determine, in particular cases, whether any deviation from strict enforcement will violate the intent of any order or jeopardize the public health or safety.
   (b)   An informal hearing before the Superintendent may be requested, in writing, by any user or contractee deeming itself aggrieved by any citation, order, charge, fee, surcharge, penalty or action, within ten days after the date thereof, stating the reasons therefor, with supporting documents and data.
   The informal hearing shall be scheduled at the earliest practicable date, but not later than five days after receipt of the request, unless extended by mutual written agreement.
   The hearing shall be conducted on an informal basis at such place as designated by the Superintendent.
   (c)   Appeals from orders of the Superintendent (including determinations relating to assignment of residential equivalents pursuant to the Table of Equivalent Unit Factors) may be made to the Board of Appeals within thirty days from the date of any citation, order, charge, fee, surcharge, penalty or other action. Such appeal may be made by any person aggrieved. The appellant shall file a notice of appeal with the Superintendent and with the Board, specifying the ground therefor. Prior to a hearing, the Superintendent shall transmit to the Board a summary report of all previous action taken. The Board may, at its discretion, call upon the Superintendent to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reversing, modifying or affirming, in whole or in part, the appealed decision or determination. In order to find for the appellant, a majority of the Board must concur.
   The Board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to interested parties and decide the same within a reasonable time. Within the limits of its jurisdiction, the Board may reverse or affirm, in whole or in part, or may make such order, requirements, decision or determination as, in its opinion, ought to be made in the case under consideration, and to that end have all the powers of the official from whom said appeal is taken. The decision of said Board shall be final.
   The Board shall meet at such times as the Board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public in accordance with applicable laws. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing findings of fact, the action of the Board and the vote of each member upon each question considered. The presence of three members shall be necessary to constitute a quorum.
   The Board may prescribe the sending of notice to such persons as it deems to be interested in any hearing by the Board.
   (d)   All charges for service, penalties, fees or surcharges outstanding during any appeal process shall be due and payable. Upon resolution of any appeal, the Board shall adjust such amounts accordingly. However, such adjustments shall be limited to the previous one year's billing unless otherwise directed by court order.
   (e)   If an informal or formal hearing is not demanded within the periods specified herein, such administrative action shall be deemed final. In the event either or both such hearings are demanded, the action shall be suspended until a final determination has been made, except for immediate cease and desist orders issued pursuant to this section.
   (f)   Appeals from determinations of the Board may be made to the Circuit Court for the County of Eaton within twenty days as provided by law. Such appeals shall be governed procedurally by the Administrative Procedures Act of the State of Michigan (Act 306 of the Public Acts of 1979, as amended, being M.C.L.A. 24.201 et seq., as amended). All findings of fact, if supported by the evidence, made by the Board, shall be conclusive upon the Court.
(Ord. 97-4. Passed 9-8-97.)