A. Standing to Appeal. In the event a Domestic Wastewater Hauler is subject to penalties pursuant to these Rules and Regulations, said Domestic Wastewater Hauler shall have the right to be heard on his penalty before the division head of Water Reclamation regarding said penalty. All appeals and requests for a hearing shall be in a form as required by the division head of the Division of Water Reclamation and, at a minimum, shall clearly state in writing the issue or issues in dispute, along with all proof or evidence that demonstrates relief from the penalties is warranted.
B. Manager Review. The Manager or designee with responsibility for Domestic Wastewater Haulers shall cause appropriate investigation thereof and report the findings to the Domestic Wastewater Hauler.
C. Appeal from Manager Review. Domestic Wastewater Haulers who receive a denial letter from the Manager who still in good faith believe the previous denial was in error because the Manager failed to follow the Department's Rules and Regulations or applicable law or that the denial ignored evidence that demonstrated relief from the penalties was warranted may request an administrative hearing within thirty (30) days of the Manager's decision. Hearings will generally not be granted if a Domestic Wastewater Hauler merely does not like the previous ruling, no justification exists to provide an adjustment, or the Domestic Wastewater Hauler raises new issues that were not previously brought before the Manager.
D. Administrative Hearing. At an administrative hearing, the Domestic Wastewater Hauler will bear the burden of proof. The Domestic Wastewater Hauler will present his or her case at the administrative hearing and provide all proof or documentation to justify the claim for relief. The Division of Water Reclamation will also present a case that responds to the Domestic Wastewater Hauler's case. The administrative hearing will be presided over by an Administrative Hearing Officer appointed by the Director.
E. Further Appeal. Decisions of the Administrative Hearing Officer are final appealable orders of the City pursuant to ORC Chapter 2506.