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76.180 Rules and regulations -- Sewers regulated -- Citizens' complaints -Appeals.
(1)
(2)
(3)
(4)
(5)
(6)
The district shall have power to make and promulgate all rules and regulations
proper or necessary to regulate the use, operation, and maintenance of
property and facilities under its control, and to carry into effect the powers
granted the district by KRS 76.010 to 76.295. The jurisdiction of the district
shall extend outside of the district area and outside of construction subdistricts
for regulation of any sewers, drains, or watercourses, which by natural flow, or
otherwise, empty into or flow through any part of the district area, a
construction subdistrict, or the district facilities, or are used by the district or
flow through or are constructed in the county in which the district exists.
The board shall develop a procedure and designate an independent hearing
officer for the hearing, review, and resolution of citizens' complaints and
grievances that concern:
(a) Prioritization of sewer and drainage service requests conducted by the
district's maintenance or operations departments;
(b) Billing grievances involving the accuracy of individual or residential
bimonthly sewer and drainage bills, sewer assessments, and the district's
billing policies and procedures;
(c) Reimbursement for plumber's bills;
(d) Inadequate property restoration by district's crews or contractors; and
(e) Rude or inappropriate behavior by district employees.
Any person or corporation, public or private, affected by the exercise of powers
granted the district may appeal a decision of the district to the hearing officer
provided for in subsection (2) of this section. Appeals shall be limited to the
complaints and grievances outlined in subsection (2) of this section. The
appeals shall be in writing and shall state:
(a) The circumstances of the district's action;
(b) The reason the appellant is aggrieved;
(c) Any citations of regulations or statutes the appellant believes to be
pertinent to the appeal; and
(d) Recommendations of convenient times to hold a hearing on the matter.
The hearing officer shall conduct a hearing within ninety (90) days of receipt of
an appeal, and shall inform each appellant in writing of the date, time, and
location his appeal will be heard. The site for each hearing shall be chosen by
the hearing officer to meet the needs of the aggrieved party or parties. Citizens
shall be given the greatest possible latitude regarding the introduction of
evidence at all hearings.
The hearing officer shall make a decision on each appeal that is consistent
with applicable law and the policy of the district. The decision shall be
forwarded to the board in the form of a recommendation within thirty (30) days
of the hearing. The board shall review the findings of the hearing officer and
accept or reject the recommendation within thirty (30) days of receiving it.
Copies of the board's decision and the hearing officer's recommendation shall
be sent to the appellant and the members of the General Assembly who
represent any area within the district's jurisdiction within fifteen (15) days of the
board's decision.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 114, sec. 1, effective July 14, 1992. -Amended 1980 Ky. Acts ch. 188, sec. 56, effective July 15, 1980. -- Amended
1964 Ky. Acts ch. 33, sec. 11. -- Amended 1962 Ky. Acts ch. 286, sec. 24. -Amended 1952 Ky. Acts ch. 70, sec. 5. -- Created 1946 Ky. Acts ch. 104,
sec. 16.
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