Section 84. - Appeals and hearings.

A.

Appeal. An applicant whose permit is denied, terminated, suspended or granted subject to conditions he deems unacceptable, or a user assessed a civil penalty under Section 103 or one issued an administrative order under Section 102 shall have the right to an adjudicatory hearing before the director or other hearing officer appointed by the director. The applicant or user must submit a written request, identifying the specific issues to be contested, to the director within thirty (30) days following receipt of the industrial or commercial user permit, civil penalty assessment, suspension or termination order. Unless such written request is made within the time specified herein, the action subject to appeal shall be final and binding and further appeal is barred. For modified permits, only the parts of the permit being modified are subject to appeal. The director shall negotiate with the appealing party and attempt to resolve the contested issues prior to a hearing. The director shall have the authority to settle any case or controversy. A party's grounds for appeal on the basis of procedural noncompliance by the commission shall be limited as described in Section 85.

B.

Effect of appeal.

1.

New permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. The applicant for a permit does not have the right to discharge into the POTW during this period.

2.

Renewed permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

3.

Terminated permits. Upon appeal of terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reaches a mutual resolution. The former permit holder does not have the right to discharge into the POTW during this period.

4.

Modified permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a modified permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

C.

Initial adjudicatory hearing. The director or his designee shall serve as hearing officer and shall conduct the initial adjudicatory hearing. Utilities staff and the appealing party shall have the right to examine and cross examine witnesses, to present written evidence and testimony of witnesses, and may compel the attendance of city employees. Reasonable time limits may be established for such hearing. A complete transcript shall be made of the hearing if requested and paid for by the appealing party prior to the hearing. If a complete transcript is not requested, the commission shall make a written summary of the evidence presented at the hearing. The hearing officer shall make a final decision on the contested permit or penalty within ninety (90) days of the receipt of the written demand for a hearing. The hearing officer shall issue a written decision, which shall include findings of fact and conclusions. The decision shall be sent to the appealing party by certified mail.

D.

Final adjudicatory hearing. The decision of the hearing officer made as a result of an initial adjudicatory hearing held under Section C. above may be appealed by any party, to the commission upon filing a written demand within ten (10) days of receipt of notice of the decision. Hearings held under this section shall be conducted in accordance with utility commission hearing procedures. Failure to make written demand within the time specified herein shall bar further appeal. The utility commission shall make a decision on the appeal within ninety (90) days of the date the appeal was filed and shall transmit a written copy of its decision by registered mail.

(Res. of 6-9-03(2); Res. of 11-14-11)

Section 85. - Judicial review.

A decision under Section 84 is subject to review by the Superior Court by proceedings in the nature of certiorari. The appealing party must file a petition for review with the Clerk of Superior Court of Forsyth County within thirty (30) days after the receipt of the decision along with a copy to the commission. Procedural noncompliance by the commission with Section 79 or 81(A) or (B) or other technical procedural mandates of this resolution is not grounds for judicial review, other court action, or an administrative appeal.

(Res. of 6-9-03(2); Res. of 11-14-11)