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A. If a Customer asserts a good faith claim that a meter is inaccurate, the Customer may have the meter tested as provided in these Rules and Regulations. If the meter is found to be accurate in accordance with AWWA standards, no adjustment will be made to the bill, and the Customer will be charged for the meter test. If the meter is found to be inaccurate according to AWWA standards, the bill will be adjusted as deemed appropriate in light of the evidence provided.
B. If a meter fails to register or is found to be out of order, a Customer shall be charged based on an estimate of the average consumption using historical and comparable data.
C. If a remote register or radio transmitter fails slowly or ceases working altogether, a Customer will be charged according to the consumption registered by the meter.
D. Tampering with the meter, remote register, radio transmitter, or any related appurtenant equipment or systems, so as to reduce the amount of Utility Service that is registered on such equipment, is strictly prohibited.
Any City of Toledo utility account-holder seeking to dispute billing of charges for the installations on their utility bill (i.e. water, sewer, storm water, refuse, fire line protection but not utility rates) who has not filed for bankruptcy protection, should contact Customer Service for clarification or correction of disputed charges.
A. If the dispute was not resolved by Customer Service the account holder may appeal by requesting from Customer Service or downloading the DPU Customer Account Dispute Form (aka notice of appeal) to the Commissioner of Utilities Administration, postmarked within sixty (60) days of receipt of the disputed billing by completing and submitting the DPU Account Holder Dispute Form. If the notice of appeal is not postmarked by the sixty (60) days of receipt, the right to appeal is waived, unless a demonstrated extenuating circumstance prevented a timely appeal being filed as determined by the Commissioner of Utilities Administration. Any comments attached to the DPU Account Dispute Form should clearly set forth the issue or issues in dispute, along with any proof, such as copies of bills, necessary to help the DPU Internal Board of Review understand the basis for and support for the account holder's claim.
B. Upon receipt of a timely notice of appeal, the Customer Service Supervisor shall investigate the dispute and attempt to resolve. If unable to resolve the dispute to the satisfaction of the account-holder, a temporary "hold" will be placed on the disputed charges, a case number will be assigned and the appeal will be heard before the DPU Internal Board of Review for consideration of relief of charges. The DPU Internal Board of Review is generally made up of supervisors from the Customer Service, Billing and Field Services units within the Divisions of Utilities Administration and Water Distribution. All undisputed prior balances and future charges will be due and owing by each respective due date, or subject to late fees and collection activity, per the DPU Rules & Regulations of the Director. The account-holder shall be notified in writing of the decision rendered within ten (10) business days of the date the DPU Internal Board of Review meets and renders a decision.
C. If the request for relief is approved, the adjustment is made on the account. If the account-holder disagrees with the decision of the DPU Internal Board of Review, the account-holder has the right to request a hearing before the Utility Appeals Board by completing the DPU Account Holder Dispute Form for the Utility Appeals Board postmarked within ten (10) business days of the date on the decision letter from the DPU Internal Board of Review.
D. Upon receipt of the DPU Account Holder Dispute Form for the Utility Appeals Board, a case number is assigned to the appeal, and placed on the agenda for the next regular scheduled monthly Utility Appeals Board hearing. The account-holder shall be notified in writing of the date, time, and place for the hearing.
A. See also Toledo Municipal Code Chapter 155. Hearings cannot be granted if an account holder raises new issues that were not previously brought before the DPU Internal Board of Review.
B. At the Utility Appeals Board hearing, the account holder bears the burden of proof. The account holder will present his or her case and provide all evidence to justify the claim for relief. Members of the DPU Internal Board of Review will also present a case that responds to the account holder's case. No utility disconnect for non-payment can take place during the appeal process if the utility account-holder remains current in paying the amount not in dispute or the previous undisputed average bill, whichever is less, as determined by the Department. The inability to pay for the utility services as prescribed by the codified ordinances of the City of Toledo is not a basis for appeal. Nor shall the Utility Appeals Board be used as a tool to avoid full payment of valid utility charges. The members of the Utility Appeals Board shall consider all testimony and evidence before them at the time of the hearing only, and shall approve, modify or rescind the disputed billing charges. The Utility Appeals Board shall not have jurisdiction to consider matters involving theft of services or tampering of metering equipment or matters not previously raised by the aggrieved party during the appeals process stated in this Chapter 105. Within ten (10) business days of the conclusion of the Utility Appeals Board hearing, a formal decision in writing will be mailed to the account-holder. In all decisions involving an amount due, an offer will be made to the account-holder of an installment plan on the disputed charges, with the terms and conditions of the installment plan to be at the discretion of DPU.
C. Decisions of the Utility Appeals Board shall be in compliance with the requirements of ORC Chapter 2506 in order to be final appealable orders of the City pursuant to ORC Chapter 2506.
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