(a) A determination by the District staff shall be final five days thereafter,
unless a dissatisfied person submits to the General Manager a written
request for review. On review, the General Manager will render a determination,
which will be final 10 days thereafter.
(b) An appeal seeking District Board review of a final determination
by the General Manager shall be made and processed in accordance with
the provisions of this chapter.
(Res. No. 2020-02, adopted 5/20/20)
(a) To be sufficient for filing, the written appeal must be delivered
to the District Secretary, or his or her designee, together with any
required fee, within 10 working days following the determination for
which a review is sought. Further, the appeal must be legible and
set forth:
(1) The appellant’s full name, address, and phone number;
(2) The name of the person making the original staff determination;
(3) The date on which the General Manager rendered the final determination;
(4) The determination for which District Board review is sought;
(5) The appellant’s interest in the appealed determination; and
(6) Each issue that the appellant alleges was wrongly determined, together
with every argument and a copy of every item of evidence submitted
by the appellant to the General Manager on such issue.
(b) An insufficient appeal shall be returned by the District Secretary,
or his or her designee, to the appellant.
(c) If the appeal is sufficient, it will be accepted for filing and the
District Secretary, or his or her designee, shall set the matter for
initial consideration by the District Board at the next available
District Board meeting and shall notify the General Manager to prepare
a staff response.
(Res. No. 2020-02, adopted 5/20/20)
If the appellant wishes to submit to the District Board new
arguments or material not submitted to the General Manager, the appellant
shall submit with the appeal a separate, written explanation describing
such new arguments or material and explaining why it was not submitted
previously for consideration.
(Res. No. 2020-02, adopted 5/20/20)
The staff response to the appeal shall be made available to
the appellant at the District office, three business days prior to
the date set for initial consideration by the District Board.
(Res. No. 2020-02, adopted 5/20/20)
(a) At the initial consideration, the District Board shall review the
written appeal, the staff response and any written request to consider
new material. No oral argument will be submitted.
(b) The District Board may grant the request to consider new material
and return the matter for further consideration.
(c) Unless the District Board sets the matter for hearing at the next
available District Board meeting or returns the matter for further
consideration, the final determination shall be deemed affirmed.
(d) If a hearing is set, the District Board shall determine whether,
in the interests of fairness, the new arguments and material should
be considered at such hearing.
(Res. No. 2020-02, adopted 5/20/20)
The District shall give notice of the hearing as required by
law.
(Res. No. 2020-02, adopted 5/20/20)
(a) The General Manager shall cause to be prepared a proposed resolution
setting forth proposed findings, conclusions and determinative actions
in accordance with the action being recommended to the District Board.
(b) Other than the appellant and the District staff, any person whose
interest may be affected by the outcome of the appeal and who desires
to participate in the hearing, shall submit to the District Board,
no later than noon, four working days prior to the date set for hearing,
a written position setting forth:
(1) The interested person’s full name, address, and telephone number;
(2) The interested person’s interest in the outcome of the appeal;
(3) Each issue which the interested person wishes to address, together
with each argument and item of evidence which the interested person
wishes to submit to the District staff on such issue.
(Res. No. 2020-02, adopted 5/20/20)
(a) The hearing of the appeal shall be limited to the issues, arguments
and evidence identified in the appeal application, the staff response,
and properly filed written positions.
(b) The appellant, the District staff and interested persons filing written
positions may provide oral comments to the District Board during the
hearing.
(Res. No. 2020-02, adopted 5/20/20)
Applying rules and regulations to the specific evidence presented
during the hearing of the appeal, the District Board shall make a
final determination supported by findings of fact based upon information
submitted and oral comments made to the District Board at the appeal
hearing. The District Board may direct that such action be taken as
it deems necessary.
(Res. No. 2020-02, adopted 5/20/20)