The local government may conduct hearings in accordance with its regular hearing procedure.
(A) Initial adjudicatory hearing. An applicant whose permit is denied, or is granted subject to conditions he or she deems unacceptable, a permittee/user assessed a civil penalty under § 53.166, or one issued an administrative order under § 53.166 shall have the right to an adjudicatory hearing before the POTW Director or other hearing officer appointed by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director within 30 days following receipt of the significant industrial user permit, civil penalty assessment, or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The hearing officer shall make a final decision on the contested permit, penalty, or order within 45 days of the receipt of the written demand for a hearing. The POTW Director shall transmit a copy of the hearing officer's decision by registered or certified mail as described in paragraph (C) below. The terms and conditions of a permit under appeal shall be as follows:
(1) New permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(2) Renewed permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(3) Terminated permits. Upon appeal, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(B) Final appeal hearing. Any decision of a hearing officer made as a result of an adjudicatory hearing held under division (A) above may be appealed to the Council or Board serving the city upon filing a written demand within ten days of receipt of notice of the decision. Hearings held under this division shall be conducted in accordance with Local Ordinance # 01-19. Failure to make written demand within the time specified herein shall bar further appeal. Council or Board serving the city shall make a final decision on the appeal within 90 days from receipt of the demand filed under division (A) and shall transmit a written copy of its decision by registered or certified mail as described in division (C) below. The decision is a final decision for the purposes of seeking judicial review.
(C) Official record. When a final decision is issued under division (B) above, the Council or Board serving the city 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 Council or Board serving the city.
(D) Judicial review. Any person against whom a final order or decision of the Council or Board serving the city is entered, pursuant to the hearing conducted under division (B) above, may seek judicial review of the order or decision by filing a written request for review by the Superior Court of Cleveland County within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter along with a copy to the city. Within 30 days after receipt of the copy of the written request for review by the Court, the Council or Board serving the city shall transmit to the reviewing court the original or a certified copy of the official record.
(Ord. 13-20, passed 9-24-2013)