(A) If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this chapter, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this chapter from the telecommunication carrier who made the erroneous payments; provided that no amounts erroneously paid more than three years prior to the filing of a claim therefor shall be so credited. Ninety-days’ prior notice shall be given to the Emergency Telephone System Board on any credit against a surcharge due.
(B) No action to recover any amount of surcharge due under the provisions of this subchapter shall be commenced more than three years after the due date of such amount.
(1993 Code, § 38.05) (Ord. 89-2, passed 1-25-1989)