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B. If a written notice of appeal is received by ERMU prior to the disconnection of service, <br /> ERMU will not disconnect service until the appeal is resolved. <br /> C. Upon receipt of a notice of appeal, ERMU shall schedule a hearing before the ERMU <br /> Cold Weather Rule Appeals Board ("Appeals Board"). <br /> a. The hearing shall be held during normal business hours. <br /> b. The hearing shall be held no sooner than two weeks after receipt of the written <br /> notice of appeal from the customer. <br /> c. The customer shall be notified of the date,time and place of the hearing at <br /> least ten calendar days before the hearing. <br /> D. Prior to the hearing,the customer shall submit a statement which shall contain the <br /> following information: <br /> a. Name, address and phone number of customer; <br /> b. Utility account number; <br /> c. Date of bill; <br /> d. Date of proposed disconnection; <br /> e. Amount of bill; <br /> f. If the amount of bill is in dispute, reasons for the customer's belief that the bill <br /> is in error and the customer's proposed adjustment; and <br /> g. If the customer is unable to pay part or all of the bill,the customer's reasons <br /> for inability to pay,verification of income and proposed payment <br /> arrangements. <br /> E. At the hearing before the Appeals Board,the customer may present any testimony and <br /> evidence relevant to the appeal. Members of the Appeals Board may question the <br /> customer or other persons about any matter relevant to the appeal. <br /> F. The Appeals Board shall either decide the appeal prior to the conclusion of the hearing or <br /> within five days thereafter. <br /> a. If a decision is not made at the hearing,the decisions shall be in writing and <br /> mailed or delivered to the customer. <br /> If the decision is to uphold the appeal subject to conditions,the conditions shall <br /> be reduced to writing and delivered to the customer along with the deadline for <br /> compliance with the conditions. The order shall set a date for disconnection of <br /> utility services if the conditions are not complied with. <br /> b. If the decision is to deny the appeal,the Appeals Board shall set a date for <br /> disconnection of services. <br /> G. If an appeal is denied, or upheld subject to conditions, neither the denial nor the <br /> conditions are subject to further appeal, and service shall be disconnected as provided in <br /> the decision of the Appeals Board unless payment is made or the conditions approved by <br /> the Appeals Board are complied with.No additional appeals will be accepted or granted <br /> until the decision of the Appeals Board has been complied with. <br /> H. The Appeals Board shall consist of the following three members: <br /> a. The ERMU General Manager <br /> b. The ERMU Finance Director <br /> c. The ERMU Credit& Collections Specialist <br /> Adopted February 15, 2011 <br /> GP: 2928087 vl <br /> 74 <br />