(A) Any party aggrieved by the decision resulting from a service charge review may request a hearing on the service charge by filing a written request for a hearing within ten days of receipt of decision of the Police Chief or designee. The request shall be filed, in writing, with the Town Manager or designee.
(B) The request for hearing shall include a statement of the reason or reasons that the alarm user believes justify reduction or waiver of the service charge. The alarm user shall describe, if applicable, what actions have been taken to discover and eliminate such alarm activations in the future.
(C) The Town Manager shall designate a hearing officer, who may be a qualified volunteer, an independent contractor, or an employee of the town. The same employee who conducted the review of the service charge pursuant to § 98.10, however, may not be appointed as hearing officer. A hearing will be set no later than 30 calendar days from the date on which the notice of appeal is filed.
(D) The hearing shall be informal and shall proceed as determined by the hearing officer, who shall have the authority to determine length of the hearing, the manner of presenting evidence, and the order of evidence. No formal rules of evidence shall be required in conducting the hearing. Both the alarm user and the town shall be entitled to be represented by counsel at the hearing.
(E) The alarm user may present witnesses and written evidence in support of his or her position, subject to any limitation imposed by the hearing officer.
(F) A member of the town staff may attend the hearing to assist the hearing officer in understanding and explaining the service charge. Additional evidence and witnesses may be offered by the town, subject to any limitation imposed by the hearing officer, in support of the service charge or related matters.
(Res. 1776, passed 4-24-03)