(A) Initial adjudicatory hearing. An applicant whose permit is denied or is granted subject to conditions he or she deems unacceptable, a permittee/user assessed a civil penalty under § 53.999, or one issued an administrative order under § 53.130 shall have the right to an adjudicatory hearing before a hearing officer designated by the POTW Director/Superintendent upon making written demand, identifying the specific issues to be contested, to the POTW Director/Superintendent within 30 days following receipt of the significant industrial user permit, civil penalty assessment or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding. The hearing officer shall make a final decision on the contested permit, penalty or order within 45 days of the receipt of the written demand for a hearing. The POTW Director/Superintendent shall transmit a copy of the hearing officer’s decision by registered or certified mail.
(1) New permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(2) Renewed permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(B) Final appeal hearing. Any decision of a hearing officer made as a result of an adjudicatory hearing held under division (A) above may be appealed to the Town Board of Commissioners upon filing a written demand within ten days of receipt of notice of the decision. Failure to make written demand within the time specified herein shall bar further appeal. The Town Board of Commissioners shall make a final decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.
(C) Official record. When a final decision is issued under division (B) above, the Town Board of Commissioners shall prepare an official record of the case that includes:
(1) All notices, motions and other like pleadings;
(2) A copy of all documentary evidence introduced;
(3) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken; and
(4) A copy of the final decision of the Town Board of Commissioners.
(D) Judicial review. Any person against whom a final order or decision of the Town Board of Commissioners is entered, pursuant to the hearing conducted under division (B) above, may seek judicial review of the order or decision by filing a written petition within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the Superior Court of the county, along with a copy to the town. Within 30 days after receipt of the copy of the petition of judicial review, the Town Board of Commissioners shall transmit to the reviewing court the original or a certified copy of the official record.
(Ord. passed 9-27-1994)