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.