Appeal Procedures.
A. Appeals.
i. Any City of Toledo utility account-holder seeking to dispute billing of charges for 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, may file a formal appeal with the Department of Public Utilities. Information related to the availability of the appeal process and the Utility Appeals Board process shall be displayed on the Department of Public Utilities Customer Service webpage of the City of Toledo and the existence of the rights of appeal shall be referenced on utility bills and displayed for public viewing in the Walk-In Customer Service Center.
ii. The appeal shall be filed in writing and received by the Utilities Administration Commissioner, in writing, postmarked within sixty (60) days of the receipt of the disputed billing by completing and submitting the DPU Customer Account Dispute Form. If the notice of appeal is not postmarked by the sixty (60) day period, the right to an appeal is waived, unless a demonstrated extenuating circumstance prevented a timely appeal being filed as determined by the Utilities Administration Commissioner.
iii. Upon receipt of a timely appeal, the Customer Service Supervisor shall investigate the concern and attempt to resolve. If unable to resolve the concern 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. All 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.
iv. The account-holder shall be notified in writing of the decision rendered within ten (10) business days of the date the Internal Board of Review meets and renders a decision.
v. If the request for relief is approved, then the adjustment is made on the account-holder's account and the appeals process stops. 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 postmarked within ten (10) business days of the date on the denial letter from the Board of Review.
vi. Upon receipt of the written request for a hearing with the Utility Appeals Board, a case number is assigned to the appeal, and place the appeal on the agenda for the next regular scheduled monthly Utility Appeal Board hearing. The account-holder shall be notified in writing of the date, time, and place for the hearing.
B. Utility Appeals Board Hearing.
i. At the Utility Appeals Board hearing, the account-holder bears the burden of proof. The account-holder presents his or her case and provides all evidence to justify the claim for relief. Members of the DPU Internal Review Board 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 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 of Public Utilities.
ii. The inability to pay for the utility services as prescribed by the codified ordinances of the City of Toledo is not a basis for an 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.
iii. 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 Part 9, Title 3, Appendix C, Chapter 105 of the Toledo Municipal Code.
C. Appeal Conclusion.
i. Within ten 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 of the installment plan to be at the discretion of DPU.
ii. The decision of the Utility Appeal Board shall be deemed a final, appealable order and is appealable to the Lucas County Court of Common Pleas pursuant to Ohio Revised Code Chapter 2506.
(Ord. 196-13/103-15. Passed 3-3-15.)