(a) Any person aggrieved or adversely affected by any action taken or determination made pursuant to this Chapter shall have a right to request an administrative hearing before a Review Board. No appeal shall be permitted of rates established pursuant to Section 942.05 above. The County Council President shall appoint three (3) members from the Advisory Council to serve on the Review Board. The applicant shall file notice in writing with County Council and the Engineer of the applicant's intention to appeal the District’s decision which has impacted the applicant to the Review Board. The Council President shall schedule such appeal hearing and notify the applicant as to the place, date, and time within thirty (30) days after notification. After a hearing on the matter, the Review Board may sustain, disapprove, or modify the decision of the District and such decision shall be final.
(b) The filing of an appeal and a request for a hearing does not automatically suspend or stay execution of the order, determination, or billing appealed from, but upon application by the appealing party, the County Engineer or his designee may suspend or stay execution of the order, determination, or billing upon such terms as deemed appropriate, pending determination of the appeal.
(c) The appealing party, County employees and any other interested person who has been granted permission to appear may present evidence, as the President of Council or his designee deems admissible. The President of Council or his designee may require the attendance of witnesses and the production of books, records and papers that are relevant to the matter being decided.
(d) After completion of the hearing, the Review Board shall issue a written decision containing the facts and conclusions upon which the decision is based. If the Review Board finds that the action or determination appealed from was lawful and reasonable, the order shall be affirmed. If the Review Board finds that the action or determination appealed from was unreasonable or unlawful, the order shall be vacated and a new action taken or determination made in compliance with the decision. A final decision and order made by the Review Board shall be considered an order of the District for purposes of this Section 942.09. A copy of the decision shall be mailed to each party participating in the appeal.
(e) Any person adversely affected by the decision of the Review Board may appeal to the Court of Common Pleas as provided by Ohio Revised Code Chapter 2506.
(Ord. 2022-191. Adopted 6-27-22.)