The Town Board, for the Webster Sewer District, shall:
A. Adopt within its rules a description
of its organization, stating the general course and method of operation,
and designate where applications, requests and submissions shall be
made.
B. Adopt rules stating the nature
and requirements of all formal and informal procedures in applying
for a license or permit, requesting a hearing, and submitting or opposing
the adoption of any rule.
C. Make all rules, orders, statements
of policy or interpretation used by the Sewer District in the discharge
of its functions available for public inspection. This provision is
not applicable in favor of any person or party who has actual knowledge
thereof.
The Town Board, for the Sewer District, prior to the adoption
of any new rules or amendment or appeal of any rule, shall:
A. Publish notice at least 30 days
prior to the intended action. Notice shall include a statement of
either the terms or substance of the intended action or a description
of subjects and issues involved; the time and place of the hearing;
and the manner in which interested persons may present their views.
B. Afford all interested persons
reasonable opportunity to submit data, views or argument, orally or
in writing. Reasons for adoption and/or refusal of proposed rules
as well as the decision of the Town Board shall be recorded and made
available for public inspection.
The Town Board and/or the Chief Plant Operator and/or Superintendent
of Sewers shall compile, index and publish all effective rules. The
compilation shall be supplemented as often as necessary. Copies of
the compilation shall be open for inspection upon request at the Town
Clerk's office during normal public hours.
Any interested person may petition the Sewer District requesting the promulgation, amendment, or appeal of a rule. Within 30 days after submission of a petition, the Town Board shall either deny the petition in writing, stating its reasons, or shall initiate rule-making proceedings in accordance with §
257-124.
A formal request of the Chief Plant Operator and/or Superintendent of Sewers for a declaratory opinion shall be acknowledged within 10 days. The Chief Plant Operator and/or Superintendent of Sewers may state his opinion of the petitioner's position and the policy of his office. The Webster Town Board shall be informed of all opinions. After review, the Town Board will issue a declaratory ruling to be filed in accordance with the provisions of §
257-125 of this chapter.
When in a contested case a majority of the members of the Town
Board who are to render the final decision have not heard the case
or read the record, the decision, if adverse to a party to the proceeding
other than the Sewer District itself, shall not be made until a proposal
for decision is served upon the parties and an opportunity is afforded
to each party adversely affected to file exceptions and present briefs
and oral argument to the members who are to render the decision.
A final decision or order adverse to a party in a contested
case shall be in writing or stated in the record. A final decision
shall include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the underlying
facts supporting the finding. If, in accordance with the rules of
the Sewer District, a party submitted proposed findings of fact, the
decision shall include a ruling upon each of the proposed findings.
Parties shall be notified either personally or by mail of any decision
or order.
Unless required for the disposition of ex parte matters authorized
by law, members or employees of the Sewer District assigned to render
a decision or to make findings of fact and conclusions of law in a
contested case shall not communicate, directly or indirectly, in connection
with any issue of fact, with any issue of law, or with any party or
its representative, except upon notice and opportunity for all parties
to participate. A member of the Sewer District:
A. May communicate with other members
of the Sewer District;
B. May have the aid and advice
of counsel.