Eagle River Water & Sanitation District

• Water & Sewer Service Regulations
  • Contents
  • Article I - General Information
  • Article II - Definitions
  • Article III - Liability and Ownership
  • Article IV - Operation and Maintenance of Water and Sewer Systems
  • Article V - Application for Service
  • Article VI - Main Line Extensions
  • Article VII - Cross Connection Control
  • Article VIII - Rates and Charges
  • Article IX - Hearing, Settlement and Appeal Procedures
  • Appendix A - Schedule of Fees and Rates
  • Appendix B - Water and Sewer Service Line Construction Specifications
  • Appendix C - Standard Specifications for Water Main Construction
  • Appendix D - Standard Specifications for Sewer Main Construction
  • Appendix E - Pollutant Discharge Regulations and Industrial Pretreatment Program
• Development Approval Process

Article IX - Hearing, Settlement and Appeal Procedures

9.1 Application 

The Hearing, Settlement and Appeal Procedures established by this Article shall apply to all complaints concerning the interpretation, application, and enforcement of these Rules and Regulations of the District, as they now exist or may hereafter be amended.  The Hearing, Settlement and Appeal Procedures established by this Article shall not apply to the following complaints:

(a) Complaints that arise with regard to personnel matters.  These complaints shall be governed exclusively by the rules set forth in the District’s Employee Handbook.

(b) Any other complaint which does not concern the interpretation, application, or enforcement of these Rules and Regulations of the District.

9.2 Initial Complaint Resolution

Complaints concerning the interpretation, application, or enforcement of these Rules and Regulations of the District shall first be presented to the District staff with which the Customer has been communicating related to the complaint.  If a resolution is not reached, the Customer may submit a written complaint.  District staff will then respond to the complainant by making a full and complete review of the allegations contained in the complaint.  District staff will take such action and/or make such determination as it deems warranted.  Such action or determination will be documented in a letter to the complainant issued within sixty (60) days of the written complaint. 

If the Customer is dissatisfied with the action or determination of District staff, the complainant may initiate the Expedited Appeal and Settlement Procedure. 

9.3 Expedited Appeal and Settlement Procedure

To initiate the Expedited Appeal and Settlement Procedure, the complainant shall file a written request to initiate the procedure with the District’s Regulations Administrator, who will be appointed by the District General Manager.  The Regulations Administrator is hereby authorized to consider all circumstances, including the complainant’s actions or inactions in the situation, and the written action or determination of the District staff.  Following an investigation of the facts of the case for purposes of facilitating an equitable resolution, the Regulations Administrator is empowered to take an action, render a determination, or offer a settlement, which he/she has determined to be just and fair.  The Regulations Administrator shall document such action, determination or settlement offer in a letter issued to the complainant no later than sixty (60) days after the date of receipt of the complainant’s request to initiate the procedure.

If the complainant rejects the action, determination or settlement offer of the Regulations Administrator, the complainant may request a Formal Appeal.

9.4 Formal Appeal

To initiate the Formal Appeal procedure, the complainant shall file a written request for  appeal of the Regulations Administrator’s decision to the General Manager within thirty (30) days from the date written notice of the action, determination or settlement offer was mailed.

If receipt of the request for a hearing is timely and if all other prerequisites prescribed by these Rules and Regulations have been met, the General Manager may hear the appeal himself/herself, or may appoint a hearing officer, other than himself/herself, to hear the appeal.  Either the General Manager or such hearing officer will conduct a hearing at the District's convenience and upon not less than ten (10) days written notice to the complainant of the date, time and place of the hearing.  Every effort will be made to conduct the hearing within thirty (30) days after the receipt of the request for appeal.  The hearing shall be conducted in accordance with and subject to all pertinent provisions of these Rules and Regulations.

9.4.1 Conduct of Hearing

At the hearing, the General Manager or the hearing officer shall preside and will hear the appeal.  The complainant and representatives of the District shall be permitted to appear in person, and the complainant may be represented by any person of his/her choice, including legal counsel. 

The complainant or his/her representative and District representatives shall have the right to present evidence and arguments; the right to cross-examine any person; and the right to oppose any testimony or statement that may be relied upon in support of or in opposition to the action or determination of the District staff, as made under Section 9.2, Initial Complaint Resolution.  The General Manager or hearing officer may receive and consider any evidence which he/she determines has probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.  The General Manager or hearing officer may ask questions of any representative in order to clarify further an issue relevant to the complaint and appeal.

9.4.2 Decision on Appeal

The General Manager or hearing officer is authorized to determine whether to affirm, amend, or reverse the determination made under Section 9.2, Initial Complaint Resolution.  The General Manager or hearing officer may consider all facts and circumstances and the evidence presented at the hearing, including the complainant’s actions or inactions in the case, and whether determination under Section 9.2, Initial Complaint Resolution is consistent with these Rules and Regulations and equitable to the District and the complainant.  The complainant bears the burden of showing that grounds exist to reverse or amend the decision under Section 9.2, Initial Complaint Resolution.

The written decision of the General Manager or the hearing officer will be mailed to the complainant within forty-five (45) days after the date the hearing is conducted and closed.

If the complainant rejects the decision of the General Manager or hearing officer, the complainant may request to appeal the decision of the General Manager or hearing officer to the District Board of Directors.

9.5 Appeal to the Board of Directors

To initiate an Appeal to the District Board of Directors, the complainant shall file a written request for appeal of the General Manager’s or hearing officer’s decision to the General Manager within thirty (30) days from the date written notice of the General Manager’s or the hearing officer’s decision was mailed.

The request for an appeal shall set forth, with specificity, the facts or exhibits presented at the hearing upon which the complainant relies and shall contain a brief statement of the complainant's reasons for the appeal.  The General Manager or the hearing officer will compile the Record of the hearing for the Board of Directors, consisting of:

1. Minutes of the hearing (Section 9.4, Formal Appeal);
2. All exhibits or other physical evidence offered and reviewed at the hearing; and
3. A copy of the written decision of the General Manager or hearing officer.

9.5.1 Conduct of Board Hearing

The Board shall consider the complainant's written request for appeal and the Record of the hearing (Section 9.4, Formal Appeal) at the next regularly scheduled meeting of the Board held not earlier than ten (10) business days after the filing of the complainant's request for appeal.  Such consideration shall be limited to a review of the Record of the hearing, and the complainant's written request for appeal.  The complainant or complainant’s representative and the General Manager or his or her designated representative shall be permitted to address the Board during the Board’s consideration of this appeal for no more than three (3) minutes each.  No further evidence or argument shall be presented by any party to the appeal and there shall not be any right to a hearing de novo before the Board of Directors.

9.5.2 Board Decision on Appeal

The Board shall make written findings and issue a decision concerning its disposition of the appeal.  The Board may affirm, amend or reverse the decision of the General Manager or hearing officer.  A notice of the decision shall be sent by mail to the complainant within thirty (30) days after the Board meeting at which the appeal is heard. The Board of Directors’ decision on appeal shall be final.

9.6 Notice

A complainant shall be given notice of any hearing before the General Manager or hearing officer, or before the Board, by mail at least ten (10) days prior to the date of the hearing, unless the complainant consents to a waiver of formal notice.  Notice is deemed given when placed in regular U.S. mail, postage prepaid, to the address in the District records for the complainant.