A. Appeal Contents. Subject to § 601.01, a storm water discharger may challenge the final action or order by filing an appeal within thirty (30) days of notice of said action or order at the Division of Environmental Services. The appeal must be in a form as required by the Division of Environmental Services and, at a minimum, shall state in writing the shall set forth the specific action or order complained, the specific bases for the appeal, and all supporting documentation necessary to support such bases for the relief sought. The filing of an appeal does not automatically suspend or stay execution of the appealed action.
B. The Hearing. At an administrative hearing, the Customer will bear the burden of proof that the final action or order was clearly unreasonable or illegal. The Customer 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 Environmental Services will also present a case that responds to the Customer's case. The administrative hearing will be presided over by an Administrative Hearing Officer appointed by the Director.
C. The Decision. Within forty-five (45) days following the hearing, the Administrative Hearing Officer shall issue a written decision on the appeal setting forth findings of fact and conclusion of law. A copy of the report shall be mailed to the storm water discharger and any other parties to the appeal.
D. Further Appeal. Decisions of the Administrative Hearing Officer are final appealable orders of the City pursuant to ORC Chapter 2506.