(a) The time, date and place of a formal appeal hearing shall be provided to the customer requesting a formal hearing.
(b) The hearing shall be set by the hearing officer.
(c) The customer may appear in person or be represented by an attorney or both, and shall be afforded the opportunity to question witnesses at the hearing.
(d) The customer has the right to reschedule the hearing one time.
(e) The formal legal rules of evidence shall not apply; however, all witnesses shall be placed under oath.
(f) The formal appeal hearing shall be before a hearing officer who is:
(1) Appointed by the city manager;
(2) Not under the supervision of the of the environmental management department or the code compliance department; and
(3) Not a participant in the previous decision now under review.
(g) The hearing officer shall:
(1) Be the sole judge of the evidence and credibility of witnesses and the facts as well as the applicability of the city’s rules and regulations;
(2) Render a final decision at the close of the hearing or within a time period specified and agreed to by all parties if more research is requested by the hearing officer; and
(3) On conclusion of the hearing, render a decision in writing to all parties concerned within ten business days of the officer’s conclusion.
(h) Once the hearing officer has rendered a decision:
(1) If the decision reached at a formal appeals hearing is not in favor of the customer, the hearing officer shall instruct the city and customer what action, if any, must be taken by the customer to maintain water service; and set a reasonable period of time in which the customer must take the action; or
(2) If the decision reached at a formal appeal hearing is in favor of the customer, in whole or part, the hearing officer shall instruct the city and customer what corrective action shall be taken and the city shall take such action within a reasonable time, which time may be set by the hearing officer and instruct the customer to pay or make acceptable arrangements for payment of any amount of disputed billing found to be accurate, within five business days or by the due date of the billing whichever is later.
(Ord. 16189, § 16, passed 10-26-2004)