(a) If the findings, order or decision of the Director made in pursuance of the provisions of this chapter are not acceptable to any industry and the differences cannot be negotiated, such industry shall have the right to appeal as follows. Two professional engineers shall be chosen to act as referees, one by the industry and the other by the Safety Service Director neither of whom shall be a regular employee of either principal. As soon as the referees are chosen, the Director shall file with them a certified copy of the complaint and the decision of the Director, and it shall be the duty of such referees to investigate the complaint and to agree either to affirm or reject the findings of the Director and file a report with the Safety Service Director within a reasonable time setting down their decision. If the referees are unable to agree, they shall choose a third professional engineer, and the decision or recommendation of the majority shall be reported to the Safety Service Director. The decision shall be final and shall be reported by the Safety Service Director to the industry and to the Director.
(b) The fees and expenses of the referee appointed by the industry shall be paid by the industry and the fees and expenses of the referee appointed by the Safety Service Director shall be paid from funds appropriated by the Department for such purpose, from the surcharge collections. The fees and expenses of the third referee shall be equally divided between the industry and the Department. (Ord. 2016-21. Passed 11-28-16.)