§ 15-9-191. ADMINISTRATIVE REVIEW.  


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  • (A)

    Except as provided in Subsections (B), (C), and (D), before requesting an administrative hearing, a person who disputes an action, policy, decision, or invoice relating to utility service must contact the director of the utility providing the service no later than the 90th day after the date of the notice of violation or the date the customer knew or should have known about the subject of the dispute.

    (B)

    Before requesting an administrative hearing, a customer who disputes an action, policy, decision, or application related to the drainage fee or the transportation user fee shall request an administrative review from the director of the Watershed Protection Department or the Public Works Department, respectively. These administrative reviews are authorized by Chapters 14-10 ( Transportation User Fee ) and 15-2 ( Drainage Utility ) of the Code. If requested by a customer, the department director shall provide a customer with a copy of the department's Appeals Rules and Procedures.

    (C)

    A customer who disputes an action, policy, or decision by a utility related to compliance with Title 25 ( Land Development Code ) or Title 30 ( Austin/Travis County Subdivision Regulations ) of the Code shall follow the procedures prescribed in the applicable title.

    (D)

    A customer who disputes an action, policy, or decision related to compliance with Chapter 6-4 ( Water Conservation ) of the Code shall follow the procedures prescribed in Article 3 of that chapter. A customer who disputes an action, policy, or decision related to compliance with Chapter 15-5 ( On-Site Sewage Facilities ) of the Code shall follow the procedures prescribed in that chapter. A customer who disputes an action, policy, or decision related to compliance with Chapter 15-11 ( Private Lateral Sewer Lines ) of the Code shall follow the procedures prescribed in that chapter.

    (E)

    The director of a utility shall attempt to resolve the customer's dispute. If the director of a utility cannot resolve the dispute through an administrative review, the director shall:

    (1)

    communicate the administrative review decision to the customer including the reason for the dispute and if applicable, the disputed amount; and

    (2)

    if applicable, inform the customer that the customer has a right to request an administrative hearing and provide the customer instructions how to request an administrative hearing.

    (F)

    If a customer is informed of his right to a hearing, the customer must request that hearing not later than 30 days after the date of the notice.

Source: 2003 Code Sections 15-9-51(A), (B), (D), and (E); 1992 Code Sections 18-4-075(A), (B), (D), and (E); Ord. 040805-02; Ord. 20130620-002.