§ 52-292. Hearings.

(a)

Initial adjudicatory hearing. An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a permittee/user assessed a civil penalty under section 52-377 of this article, or one issued an administrative order under section 52-376 of this article shall have the right to an adjudicatory hearing before the POTW director or other hearing officer appointed by the POTW director upon making written demand, identifying the specific issues to be contested, to the POTW director within 30 days following receipt of the permit, civil penalty assessment or administrative order. Unless such written demand is made within the time specified in this section, the action shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The hearing officer shall make a final decision on the contested permit, penalty or order within 45 days of the receipt of the written demand for a hearing. The POTW director shall transmit a copy of the hearing officer's decision by registered or certified mail as described in paragraph (c) below. The terms and conditions of a permit under appeal shall be as follows:

(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.

(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, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(b)

Final appeal hearing. Any decision of a hearing officer made as a result of an adjudicatory hearing held under subsection (a) of this section may be appealed to the city council upon filing a written demand within ten days of the receipt of notice of the decision. Hearings held under this division shall be conducted in accordance with the rules, practices and procedures established by the city council and as provided by the General Statutes of the state. Failure to make written demand within the time specified in this section shall bar further appeal. The city council shall make a final decision on the appeal within 90 days from receipt of the demand filed under paragraph (a) and shall transmit a written copy of its decision by registered or certified mail as described in paragraph (c) below. The decision is a final decision for the purpose of seeking judicial review.

(c)

Official record. When a final decision is issued under subsection (b) of this section, the city council shall prepare an official record of the case that includes:

(1)

All notices, motions and other like pleadings;

(2)

A copy of all documentary evidence introduced;

(3)

A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken; and

(4)

A copy of the final decision of the city council.

(d)

Judicial review. Any person against whom a final order or decision of the city council is entered, pursuant to the hearing conducted under subsection (b) of this section, may seek judicial review of the order or decision by filing a written request for review within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the county superior court along with a copy to the city. Within 30 days after receipt of the copy of the written request for review by the city, the city council shall transmit to the reviewing court the original or a certified copy of the official record.

(Ord. No. 12-1234, § 1, 12-6-12)