Hello municipal colleagues:
There appears to be a disgruntled (and non-paying) utility subscriber in one of the cities of the second class I represent. We're going to proceed with the informal dispute conference required by Neb. Rev. Stat. sec. 70-1610. But I have a feeling the subscriber may want to go beyond that-to an appeal required by Neb. Rev. Stat. section 70-1612 (copied below).
My main question: does anyone have an example of any municipality's written procedures, referenced in sec. 70-1612, governing this type of appeal?
Other questions: has anyone ever done one of these appeals? Can it go even further-to district court, for example, through a petition in error?
Thanks,
Matt
70-1612. Appeal; hearing; procedure.
Any domestic subscriber may appeal an adverse decision of the utility employee to a management office designated by the utility or to the utility board when designated by the utility. Each utility shall establish a hearing procedure to resolve utility bills appealed by domestic subscribers. The procedure shall be in writing and a copy of such procedure shall be furnished upon the request of any domestic subscriber. Such appeal shall be filed with the management office or utility board within the time specified in the procedures established by the utility. Nothing in sections 70-1602 to 70-1615 shall prohibit any utility from providing such additional stages of appeal as it may deem appropriate.
Source:Laws 1979, LB 143, § 10; R.S.1943, (1987), § 19-2711; Laws 1988, LB 792, § 12.
Matthew M. Munderloh
Johnson & Mock, PC, LLO
9900 Nicholas Street, Suite 225
Omaha, NE 68114
402.504.1445 (direct)
402.346.8856 (office)
mmunderloh@johnsonandmock.com
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