A. Request for Hearing. Customers who have received notice of imposition of penalty may make a written request for a hearing. The district must receive the request for hearing no later than 15 days from the date of the notice of imposition of penalty. The request for hearing shall set forth, in detail, all facts supporting the request. Upon district’s receipt of a timely request for a hearing, imposition of penalty shall be stayed until the statement of decision after hearing becomes final, or, if the statement of decision is timely appealed, the board of directors’ order on appeal is adopted.
B. Notice of Hearing. Within 10 days of the district’s receipt of the request for hearing, the district shall provide written notice to the customer of the date, time and place of the hearing. The hearing date shall be within 30 days of the mailing of the notice of hearing, unless the parties agree, in writing, to a later date.
C. Hearing. The general manager-chief engineer, or his designee, shall act as the hearing officer. At the hearing, the customer shall have an opportunity to respond to the allegations set forth in the notice of imposition of penalty by producing written and/or oral evidence.
D. Statement of Decision. Within 10 days following the hearing, the hearing officer shall prepare a written statement of decision, which shall set forth the facts upon which the decision is based. The statement of decision shall be served by personal delivery or registered or certified mail on the customer. The statement of decision shall become final on the sixteenth day after service on the customer unless a request for appeal is timely filed with the board of directors pursuant to CVWDC 3.15.090. (Ord. 1302.3 Att. A, 2017; Ord. 1302, 2003)