Water Billing Dispute Process

1. Request for Billing Dispute

If a customer is unsatisfied will their bill and chooses to dispute a charge, the customer shall notify a DPW Billing Analyst by phone, via email, or in person. The Billing Analyst shall consult and collaborate with the appropriate Section or Division Manager as well as with the Chief, if necessary, in evaluating the dispute and rendering a determination. The customer shall be informed of the decision as well as the right to appeal.

2. Request for an appeal

Within 10 calendar days of receipt of the determination, the customer shall have the right to appeal the determination to the Bureau Head in writing. The Bureau Head shall have 10 calendar days to review the determination to ensure it was made objectively and in accordance with these regulations. The Bureau Head must alert the customer in writing within 7 calendar days of receipt of the appeal request if the review will take longer. The Bureau Head will specify the additional time required in days for review. The customer shall be informed of the decision as well as the right to appeal to the Environmental Control Board.

3. Request for a hearing

In order to obtain a hearing by a third-party hearing officer, an aggrieved party must submit a written request within thirty (30) days of the determination of the Bureau Head. A written request must be submitted on a standardized request form to the hearing officer or independent entity. Upon receipt of a hearing request, the hearing officer or independent entity will provide notice to DPW as well as the aggrieved party and any other necessary parties, the request will either be acknowledged that the hearing request was received timely; or will be notified that the request is untimely, and the Bureau Head’s decision is final. Requests submitted to the Environmental Control Board without a final appeal decision will not be reviewed and the customer will be referred back to DPW.

4. Notice of Hearing

Within a reasonable time after receipt of a timely hearing request, generally 30 days, the hearing officer or independent entity will send a letter to the petitioner and DPW acknowledging receipt of the hearing request and asking the parties to submit a “joint submission.” Also, within a reasonable time after receipt of the parties “joint submission,” generally 30 days, the hearing officer or independent entity will send a hearing notice to the parties

5. Independent Recommendation

The designated hearing officer shall provide a proposed written decision following the hearing articulating the finding of facts, legal determinations based on the facts found, a recommendation on the disposition of the matter including any proposed relief; and rights for either party to appeal the decision to the Director.

6. Final Decision

Upon transmittal from the hearing officer or the independent entity, the Director shall review the proposed decision, record, and the filed exceptions, and may either issue a “final agency decision” adopting the proposed hearing officer or the independent entity’s decision, reject the proposed decision, and issue a written “final agency decision,” where the proposed decision fails to provide sufficient information on which to render a decision, remand the decision to the hearing officer or the independent entity for further proceedings, the Director shall promptly serve a copy of the Final Agency Decision or order on each party to the proceed

7. Judicial Review

If either party disputes the Director’s final decision, the party shall have the right to seek judicial review in the appropriate court of law.