§ 15-9-193. ADMINISTRATIVE HEARING.

(A)

A hearing under this article shall be held by a hearings officer appointed by the city manager. A hearings officer may not be an employee of a utility.

(B)

A customer who disagrees with an administrative review decision by the director of a utility may request an administrative hearing. The customer shall request the administrative hearing in writing no later than the 30th day after the director of a utility informed the customer of the right to request a hearing in accordance with Subsection (E) of Section 15-9-191 ( Administrative Review ). The customer requesting the hearing shall have the burden of proof to prove the City's position is in error.

(C)

Not later than the tenth day before the date of an administrative hearing, the director of a utility shall provide the customer with notice of the time date and location of the hearing either in person, by telephone, by confirmed facsimile transmission, by electronic mail, or by mail to the customer's last known address.

(D)

Except as provided in Subsection (E), if the customer fails to appear at an administrative hearing, the hearings officer may enter a default decision against the customer.

(E)

The City and the customer may agree to waive appearance at an administrative hearing and submit the dispute to the hearings officer in writing.

(F)

The customer may appear in person and may be represented by counsel. If a customer is represented by counsel, the customer must notify the City at least two business days before the hearing. If the City does not receive notice under this subsection, the City may reschedule the administrative hearing.

(G)

The customer may make one request to reschedule an administrative hearing for a period not to exceed 30 days from the date of the original hearing before the City reinstates utility service termination procedures. The City may agree to the date and time of a hearing rescheduled under this subsection to a date later than 30 days after the date of the original hearing. If a customer makes a second request to reschedule an administrative hearing, the City may terminate the customer's utility service.

(H)

If the City does not agree to a customer's second or later request to reschedule, the City shall not reschedule the administrative hearing and the hearings officer shall issue a decision on the merits.

(I)

The hearings officer may deliver an oral decision at the close of a hearing and shall deliver a written decision not later than:

(1)

the 10th day after the close of the hearing; or

(2)

if the hearings officer requests additional information from the parties, a date agreed to by the parties.

Source: 2003 Code Section 15-9-52(A)-(D), (F), and (G); 1992 Code Section 18-4-076(A)-(D), (F), and (G); Ord. 040805-02; Ord. 20060727-006; Ord. 20130620-002; Ord. No. 20150625-021, Pt. 16, 10-1-15 .