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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.
The Department reserves the right to pursue collection of all outstanding charges until full and complete satisfaction of all charges occurs, using any and all methods available to it. The Department need not elect any particular remedy and may concurrently pursue all collection methods available to it. These methods may involve actions taken against the account, the Premises and/or the account holder, including, without limitation: adding late charges, termination of Utility Services at the Premises or other address held by the Customer, balance transfers, perfecting liens, adding lien charges, referrals to a collection agency, adding collection agency costs and fees, legal action and any other actions deemed necessary or appropriate. All costs incurred to implement these methods will be charged to the Customer, including, without limitation: administrative charges, court filing fees, attorneys fees and collection agency fees. Where the names of Customers may appear different, but common control is exercised among such Customers, the Department may treat such Customers similarly for the purposes of these Rules and Regulations.
One method of collection of delinquent charges used by the Department is an in rem lien process that can involve open or closed accounts. Such delinquent charges are inchoate and/or choate statutory lien(s) that attach to the Premises served at the time of rendering the relevant Utility Service, and such liens shall run-with-the-land. Perfection of these liens is prescribed by applicable law, and the Director certifies the charges to the appropriate County Auditor's office for processing, unless the lien is self-perfecting. The Director may also choose to certify self-perfecting liens to the appropriate County Auditor's office. Once a lien is certified to the County Auditor, payments for such lien must be made to the County unless the Department specifies otherwise. In no event shall payments made to the Department avoid any related lien charges or penalties. Liened accounts may still be subject to turn-off or any other remedy until the delinquencies are paid-in-full as determined by the Department.
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