(A) Any user whose water use has been restricted or terminated or who has been assessed a civil penalty under §§ 54.10 and 54.99 shall have the right to an adjudicatory hearing before a hearing officer designated by the Director of Public Utilities. Users requesting an adjudicatory hearing must do so by submitting a written request, which identifies the specific issues to be contended, to the Director of Public Utilities within 72 hours following notice of the issuance of a civil penalty. Unless such demand is made within the time specified in this section, the decision to restrict or terminate the water use, or the civil penalty assessment, shall be final and binding.
(B) The hearing officer shall notify the user of the date, time, and place for the hearing. The hearing shall take place within 10 business days of the written request for a hearing. A decision shall be made within 10 calendar days from the date of the hearing and a copy of the written decision shall be mailed to the user by certified mail, return receipt requested.
(C) When a final decision is issued pursuant to the above division (B), the Department of Public Utilities shall prepare an official record of the case that includes:
(1) All notices, motions, and other like pleadings;
(2) A copy of all documentary evidence introduced;
(3) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken; and
(4) A copy of the final decision of the Department of Public Utilities.
(D) Any user against whom a final decision of the Department of Public Utilities is entered pursuant to the hearing procedure under this section may appeal the order or decision by filing a written petition for judicial review within 30 days after receipt of notice by certified mail of the order or decision to the general court of justice of the county or of the county where the order or decision is effective, along with a copy to the Department of Public Utilities. Within 30 days after receipt of the copy of the petition of judicial review, the Department of Public Utilities shall transmit to the reviewing court the original or a certified copy of the official record, as outlined in this section.
(E) Applications for water use variance requests are available at the County Public Utilities Business Center and on the county website. All applications must be submitted to HCDPU for review by the Director or his or her designee. A decision to approve or deny individual variance requests will be determined within one week of submittal after careful consideration of the following criteria: impact on water demand, expected duration, alternative source options, social and economic importance, purpose (i.e., necessary use of drinking water), and the prevention of structural damage.
(Ord. passed 12-3-2018)