(A) Requests for appeals. A request for appeal of a decision, fine, levy, or other order of the Superintendent shall be granted by the Board of Public Works and Safety if the user requesting the appeal is aggrieved or adversely affected by the decision, order, fine or levy and all of the following conditions are met:
(1) A written request for appeal must be submitted to the Secretary of the Board of Public Works and Safety not later than ten calendar days from the date of service of the decision, order, fine or levy. All requests for appeal received after the tenth calendar day shall be denied, unless the tenth day falls on a Saturday, Sunday, or legal holiday. In such cases, a request for appeal shall be accepted on the next regular business day following the tenth calendar day.
(2) The request for appeal must include the following information:
(a) The name and address of the person or user requesting the appeal;
(b) The particular provision of this chapter which is the basis for the appeal;
(c) The legal and/or factual basis for the appeal;
(d) The alternate provision, if any, that should be applied and/or imposed;
(e) The manner in which the user is aggrieved or adversely affected;
(f) A statement of the relief sought or alternate resolution proposed.
(B) Initial response. The Board of Public Works and Safety shall grant or deny a request for appeal provided that the appeal is in compliance with the provisions of division (A) above. Notice of the Board’s decision to grant or deny a request for appeal shall be sent to the Superintendent; other representatives of the POTW as appropriate; the user requesting the appeal; and any affected user.
(1) If the Board grants a request for appeal, the notice shall state the location, date and time of the hearing scheduled for consideration of the appeal.
(2) If the Board denies the appeal, the notice shall state that the decision, order, fine, levy or other action that is the subject of the appeal has been affirmed by the Board and is the final order of the Board for purposes of judicial review.
(3) All notices provided by the Board pursuant to this section shall be served personally or by certified mail (return receipt requested). Notice shall be served upon the user requesting the appeal at the address provided in the request for appeal. Notice may also be served upon any agent or officer of a corporation.
(4) Notice of a hearing shall be served so that it is received at least ten calendar days prior to the date of the hearing.
(C) Appeal hearings. The following procedures shall be followed when hearings are conducted to address appeals filed by users in accordance with division (A) above.
(1) Hearings conducted by the Board in order to consider an appeal filed under this section shall be open to the public.
(2) The Board may conduct the hearing and take evidence, or may elect to designate any Board member to perform the following actions:
(a) Issue the notice of hearing pursuant to division (B) above requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing; and
(b) Take testimony and evidence relevant to the appeal.
(3) At any appeal hearing, testimony taken before the full Board (or any designee) must be under oath and recorded stenographically or electronically. The transcript shall be made available to the public, upon receipt of payment of the reasonable and customary charges for copying a public document in accordance with applicable state law.
(D) Post-hearing actions and final Board decision.
(1) Where appeal hearings are conducted by a designee of the Board, the designee shall prepare and transmit a report of the evidence and summary of the hearing (including transcripts and other evidence) together with recommendations for the disposition of the appeal to the full Board for final action.
(2) After the Board has reviewed the evidence and any recommendation submitted by a designee of the Board (if the hearing was not conducted by the full Board), the Board shall issue an order sustaining, modifying, or revoking the matter under appeal.
(3) The order of the Board sustaining, modifying, or revoking the matter under appeal shall be considered the final order of the Board when it has been entered into the record by the Secretary of the Board. The Board shall serve notice of its final order to all parties to the appeal in the same manner set forth in division (B)(3) above.
(4) A party to the appeal, or the permit applicant in the case of an appeal of a industrial permit decision, may obtain judicial review of a final order of the Board if a petition for review is filed in the court of record in Howard County, Indiana, as provided in state law for perfecting appeals from the actions of governmental entities. Aggrieved parties seeking judicial review must file petitions for review with the appropriate court of competent jurisdiction within 30 calendar days of the date of the final administrative decision issued by the Board of Public Works and Safety.
(Ord. 6619, passed 1-28-13)