2022.03.01 Rules of Practice and Procedure of the Department of Environmental Management

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amount owed to the county, or if no payment plan has been made with the department for the total amount owed; (4) That the customer may contact the department to resolve the outstanding balance; and (5) The procedures to contest the decision to discontinue water service. (c) Procedures to contest discontinuation of water service: (1) After notice of proposed discontinuation of water service has been delivered by the department, a customer may contest the proposed discontinuation of water service by scheduling a hearing or telephone conference with the department. The customer and/or the customer's representative shall attend the hearing or telephone conference. (2) Discontinuation of water service shall be stayed from the date the customer requests a hearing and shall be stayed pending any final resolution from any appeals. (3) At the hearing or conference, the customer shall have the right to submit evidence, present and cross-examine witnesses and bring in an interpreter or representative to aid in presenting the customer's case. The customer shall have the right to see the department's records concerning the customer's account, and the customer has the right to reasonable explanation by the department for any matter concerning the proposed discontinuation of water service. (4) The department personnel conducting the hearing or conference shall be empowered to correct any errors in the account and to take whatever remedial action is necessary. (5) The department personnel conducting the hearing or conference shall issue a final written decision within five (5) business days of the hearing or conference. The final written decision shall include findings of fact and conclusions of law to support the decision, shall state the customer's right to appeal, and shall be signed by the director. (6) If the customer is dissatisfied with the decision by the director, the customer shall have the right to appeal the decision to the Commission in accordance with Hawai'i County Environmental Management Commission Rules of Practice and Procedure, Part 7 Appeals, and Chapter 91 of the Hawai'i Revised Statutes, as amended. 40