SCHEDULE 1 - PRETERMINATION ADMINISTRATIVE NOTICE AND HEARING PROCEDURES

1.

First bill sent, indicating current charges.

2.

Second bill sent, indicating previous balance, with additional paragraph: "Pay Total Amount Prior To Due Date To Avoid Notice of Pretermination Hearing, Service Charges and Additional Deposit."

3.

Final Notice sent setting out instructions for obtaining a Pretermination Administrative Hearing before Customer Review Officer. Customer may request a hearing, if such request is made within 10 days from the date of mailing or by the date set out on the Final Notice, whichever is later. Customer Review Officer must be knowledgeable in customer's rights to due process with respect to utility termination. The Customer Review Officer must not have participated in the billing or collection process.

4.

Upon receipt of the Final Notice, a customer may request a hearing in person, by telephone or by mail. The Customer Review Officer shall note the date and time of request, if the request is made by phone or in person, in the customer's file. If the request is by mail, the written request shall be placed in the customer's file.

a.

If the request is made in person, a System representative shall give the customer a Pretermination Hearing and Notice Procedure Form, setting out the date for hearing and have the customer receipt for it.

b.

If the request for hearing is by telephone, a System representative shall advise the customer of the time and date of the hearing and note the time and date of the conversation on the file copy. The System representative shall set the hearing date far enough in advance to allow follow-up notice by mail.

c.

If request for hearing is made by mail, a System representative shall follow procedures similar to item b, above.

5.

Notice of Pretermination Hearing Date Sent (in English and Spanish). The System shall mail it or personally deliver it to the customer, whichever is necessary to give at least three days advance notice of the hearing, and include a Pretermination Hearing and Notice Procedure Form. The Hearing Form is a check-list and work sheet which outlines the purpose of the hearing and procedures. It shall contain blank spaces for the name of customer, persons present, etc., and have spaces for the decision of the Customer Review Officer, including reasons for the decision and the evidence relied upon. Samples of typical evidence would be as follows:

a.

The Meter Reader's data sheet for the period.

b.

The System's first, second and final statements.

c.

The memorandum of reports on checks for water leaks.

d.

Memorandum of meter test.

e.

Any statements made by the customer which show that the water was actually used such as, "I had a leaky faucet, I had a leaky toilet, I had a leak in my sprinkler system," or any other similar statement.

f.

Similar evidence and statements in cases where the Customer Review Officer finds that the cut-off is not justified. Such factual evidence would be memoranda that the meter check showed that it was faulty, memoranda that the customer was billed twice, substantial proof by the customer that he really was on vacation and memoranda that there were no leaks in his system on investigation.

6.

Hearing is held. An interpreter shall be made available for a hearing, if necessary. If possible, a decision shall be made at the hearing, and a copy of the hearing form containing that decision shall be given to the customer with receipt acknowledged. If the decision is not made then, the customer shall be notified by mail. Service shall not be terminated for 96 hours from date of delivery in person or date of mailing to afford opportunity for the customer to pursue legal remedies.

7.

Notice to Customer of Decision. Print this notice in English and Spanish and mail it to customer if decision is not delivered to customer at the hearing. The date of that mailing shall be noted in the file.

8.

System personnel shall terminate service not earlier than 96 hours from date customer learns of decision.

(Ord. No. 80330, 6-16-94)