A. Any party aggrieved by the decision resulting from a service charge review may request a hearing on the service charge by filing a written request for a hearing within ten days of receipt of decision of the reviewer. The request shall be filed, in writing, with the Town law enforcement agent or authorized designee.
B. The request for hearing shall include a statement of the reason or reasons that the alarm user believes justify reduction or waiver of the service charge. The alarm user shall describe, if applicable, what actions have been taken to discover and eliminate such alarm activations in the future.
C. The request for hearing an appeal shall be accompanied by a filing fee for each service charge being appealed, in such amount as approved by the Council by resolution or as part of the Town’s annual budget. Filing fees shall be refunded to the alarm user if the service charge to which the filing fee relates is waived or reduced as a result of the hearing. If the service charge is not waived or reduced as a result of the hearing, the filing fee will be applied against the service charge or any service charge balance of the alarm user.
D. The Town magistrate shall be hearing officer for the purposes of this chapter. A hearing shall be set no later than thirty calendar days from the date on which the notice of appeal is filed.
E. The hearing shall be informal and shall proceed as determined by the hearing officer, who shall have the authority to determine length of the hearing, the manner of presenting evidence and the order of evidence. No formal rules of evidence shall be required in conducting the hearing. Both the alarm user or the Town shall be entitled to be represented by counsel at the hearing.
F. The alarm user may present witnesses and written evidence in support of his or her position, subject to any limitation imposed by the hearing officer.
G. A member of the Town staff may attend the hearing to assist the hearing officer in understanding the status of the account in question and to explain the service charge. Additional evidence and witnesses may be offered by the Town, subject to any limitation imposed by the hearing officer, in support of the service charge or related matters.