(A) The village representative shall be the Village Administrator or persons designated by him or her.
(B) A village representative shall be empowered, in his or her sole discretion to:
(1) Compromise and adjust billings;
(2) Negotiate, defer and compromise disputes as to service department requirements or payment demands;
(3) Cancel disconnection orders and/or order reconnection;
(4) Enter into deferred payment plans.
(C) Termination of service for nonpayment is prohibited if the termination of service would be especially dangerous to health as certified pursuant to the certification provisions of this rule.
(D) Termination of service is prohibited when the termination of service would make operation of necessary medical or life-supporting equipment impossible or impractical, if the customer establishes an inability to pay the amount due in full and enters into and makes payments in accordance with an extended payment plan.
(E) Certification procedures.
(1) The village shall provide application forms for licensed physicians or local board of health physicians for certification upon request of any residential consumer. The village shall give notice of availability of medical certification to its residential customers by means of inserts or special notices during June and August of each year. If termination is to occur as a result of nonpayment, written notice shall be given to the customer prior to termination that a medical certification program and forms are available from the village.
(2) Any consumer who is a permanent resident of the premises where the service is rendered may qualify for certification.
(3) The condition must be certified to the village by a licensed physician or local board of health physician.
(4) The certificate of special danger to health shall be in writing and shall include the name of the person to be certified, a statement that the person is a permanent resident of the premises in question, the name, business address, and telephone number of the certifying party, the nature of the condition, and the period of time during which termination will be especially dangerous to health.
(5) Initial certification by the certifying party may be by telephone if written certification is forwarded to the village within seven days.
(6) In the event service has been disconnected within 21 days prior to certification of special danger to health for a qualifying resident, service shall be restored to that residence if proper certification is made in accordance with the foregoing provisions and the customer agrees to an extended payment plan.
(7) Certification shall prohibit disconnection of service for 30 days. Certification may be renewed two additional times (30 days each) by a licensed physician or local board of health physician by providing an additional certificate to the village. The total certification period is not to exceed 90 days.
(8) Upon renewal of certification, the village shall assure personal contact with the customer that advises the customer of the governmental assistance programs that may be available. In the event that the best efforts of the village fail to result in personal contact, assistance information shall be provided by mail.
(F) The village representative shall strive to secure reasonable alternative methods of payment or reasonable security for payment in order to preserve utility service, and shall maintain residential utility service without discrimination.
(G) The village representative shall, if unable to resolve the dispute to the mutual satisfaction of the village and consumer shall schedule a hearing following the hereinafter stated guidelines.
(1) The hearing officer shall be the Village Administrator or a person designated by him or her.
(2) The hearing officer shall have all of the powers and duties of the village representative stated above.
(3) The hearing shall be scheduled within a reasonable time after a verbal or written request has been made, but will not be held so quickly as to deny the consumer an adequate opportunity to seek assistance or to prepare for the hearing. Five business days shall be presumed reasonable time.
(4) The consumer may have the assistance of others in the hearing process and may present documentary and/or oral information for consideration. The consumer shall be entitled to reasonable access to village business records concerning the service address in order to prepare for the hearing, including the right to obtain copies of documents upon payment of the actual cost of copying.
(5) If the matter is not resolved to the mutual satisfaction of the customer and hearing officer, then the hearing officer shall make a written decision following the hearing, including reasons for the decision. A copy of the decision shall be delivered to the consumer, the decision shall contain a specific date on which disconnection will occur, which date must be at least 72 hours after the decision has been delivered to the consumer.
(Ord. 91-5-4, passed 7-23-91)