A. To dispute the accuracy of the Department’s billing, an account holder must submit to the Department a protest in writing or by email that identifies the amount of the bill challenged and specifies the reasons for the challenge. Any part of the bill not challenged is due and payable on the date specified on the bill. The Department must receive the account holder’s protest in writing or by email within 60 days after the end of the billing period in dispute. If the Department does not receive a timely protest, any dispute is waived. If the Department receives a timely protest, the Department will review the protest and provide the account holder a written decision that affirms or denies the protest and that informs the account holder of the right to seek administrative review of the decision.

B. The account holder may request administrative review of the Department’s decision by submitting a written request for administrative review to the City Auditor Department within 30 days of the Department mailing the decision to the account holder. If the City Auditor Department does not receive a timely written request for administrative review, the Department’s decision is final and may not be further appealed, and any challenged amount of the bill is immediately due and payable.

C. A written request for administrative review must include all of the following:

D. The City Auditor will assign the request for administrative review to a hearing officer for consideration and decision. The hearing officer will be a City employee but may not be an employee of the Department.

E. The scope of the administrative review is limited to the accuracy of the Department billing of the account holder. The hearing officer may not consider legal, equitable, or policy arguments either in support of, or in opposition to, the fees, costs and charges adopted by the Council and codified in the Phoenix City Code. To prevail in the administrative review, the account holder must establish by a preponderance of the evidence that the Department incorrectly billed the account holder.

F. The hearing officer will provide to the Department a copy of the account holder’s request for administrative review and will request a response from the Department. The Department will submit to the hearing officer, and mail to the account holder, a written response to the request for administrative review within 30 days of receipt of the request from the hearing officer.

G. If the account holder does not request a hearing, the hearing officer will issue a written decision based on the documentation submitted by the account holder and the Department. The hearing officer’s decision may uphold or deny, in whole or in part, the account holder’s objection to the account holder’s bill.

H. If the account holder requests a hearing, the hearing officer will schedule the hearing as soon as practicable after the Department submits the response pursuant to subsection F of this section. The hearing officer will conduct the hearing pursuant to rules and procedures established by the City Auditor. The hearing officer may grant extensions of time limits prescribed in this section on a showing of good cause. Hearings will be conducted informally, and the rules of evidence will not apply, except that the hearing officer will make a decision based solely on substantial and reliable relevant evidence. The account holder and the Department may appear at the hearing with witnesses and counsel to present information, explanation, and documentation. The Department and the account holder will each bear all of their own expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs.

I. Within 30 days of the conclusion of the hearing, the hearing officer will issue a written decision. The hearing officer’s decision may uphold or deny, in whole or in part, the account holder’s objection to the account holder’s bill.

J. If the hearing officer upholds the account holder’s objection in whole or in part, the hearing officer may accordingly adjust the account holder’s bill. The hearing officer’s decision is final and conclusive between the City and the account holder as to the account holder’s protest. The Department will not suspend the account holder’s water service for failure to pay the amount subject to administrative review, until the hearing officer’s written decision is issued as provided in subsection G or I of this section. If the hearing officer denies the account holder’s objection in whole or in part, the amount of the account holder’s bill found to be owing to the Department is immediately due and payable. (Ord. No. G-6741, § 2 (Exh. A), 2020)