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(A) If, in the opinion of any customer, any decision by or on behalf of the DSM is inaccurate or incorrect, the customer shall have the right to appeal that decision in the following manner.
(B) The customer shall file a written statement of appeal, together with verifiable documentation supporting the customer’s claim, with the Superintendent. The DSM may adopt a form upon which the appeal must be filed.
(C) The Superintendent, or his or her designee, shall investigate the customer’s claim, and, upon review thereof, shall render a written opinion affirming or modifying the determination subject to the appeal.
(D) The Superintendent’s opinion shall be forwarded to customer by certified mail, return receipt requested.
(E) The written opinion of the Superintendent or his or her designee may be challenged by the customer by a written request to the Board for formal consideration within 15 days of receipt of the Superintendent’s opinion.
(F) The Board shall conduct a hearing and issue a written determination which shall be administratively final. The hearing shall be electronically recorded and shall be treated for all purposes as a public document.
(G) A party or person aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with state law.
(H) The pendancy of any appeal pursuant to this section shall not relieve the customer from liability for payment of any monthly fee except to the extent that relief is granted by the Superintendent or Board.
(I) The storm water rate specified in § 53.05 of this chapter or as determined pursuant to I.C. 8-1.5-5-7 shall not be subject to appeal pursuant to this section.
(Prior Code, § 54.08) (Ord. G-04-02, passed 4-27-2004; Ord. G-05-03, passed 4-26-2005)