APPEALS PROCEDURE

ADOPTED 2/1/91

BACKGROUND:  Since the organization of the Wells Sanitary District in 1970, a number of different appeals  procedures have been developed to address various issues routinely presented to the Board of Trustees in carrying out the business of the District.

This compilation of existing and/or newly adopted provisions brings together in  one place, for the convenience of the sewer users and District personnel, the various appeals procedures of the Wells Sanitary District.

I. Appeal on Assessment

Any person aggrieved by the decision of the Trustees as  it relates to any assessment for sewer connection under 38 M.R.S.A.  Section 1203 shall have the rights of appeal as are provided in the case of laying out of town ways.

38 M.R.S.A. Section 1204

 II. Appeal for Damaged by taking by Eminent Domain

The procedure by any person sustaining damages by taking by the Sanitary District, who does not agree o the sum to be paid, has a right to appeal that is similar to that for laying out of highways.

38 M.R.S.A. Section 1154

III. Appeal to the Sanitary District Board of Appeals

A. Sanitary District Board of Appeals

1. The Trustees of the Wells Sanitary District may sit as a Board of Appeals to hear and decide issues presented as on appeal.  The determination of a quorum and conduct of the proceedings shall be the same as for other business of the Trustees.

2. An appeal may occur as an agenda item of regular or special meeting of the Trustees or at a specially called meeting to hear the appeal.  The item shall be designated in the agenda,  meeting and minutes as an appeal.

3. The notice, proceedings and record of such appeals shall be open to the public and shall be documented in the same manner and as part of the regular minutes of the meeting of the Trustees.

B. Issues of Appeal:

1. An appeal to the Sanitary District Board of Appeals may be taken by any sewer user, customer or other person dealing with the District on the following issues:

a. A decision of the Superintendent affecting any right or interest of the appellant.

b. The application of the User Rate Schedule.

c. The application of the Impact Rate Structure.

d. A decision of the Board of Trustees on an application for Refund of Impact Fees upon Relinquishment of Reserved Capacity.

e. A decision of the Board of Trustees on an application for sewer connection, sewer extension or other matters where there exist statements of the District's policy with specific decision criteria.

f. Any other matter which appellant wishes to bring to the Board of Appeals under the criteria set forth below.

C. The Basis for Appeal:

1. In order for the appeal to the Sanitary District Board of Appeals shall be that appellant contends that there is a unique situation not covered by an existing rate schedule, fee structure, other regulation of procedure of  the District, an that the appellant is aggrieved thereby.

D. Grounds for Favorable Decision:

1. In order for the Board of Appeals to arrive at a decision granting the relief sought, or alternate relief based upon the findings of fact, it must find both of the following to be true;

a. That the situation is so unique or unusual that an exception to the rate schedule, fee structure, other regulation of procedure is required in order to fairly reflect the underlying policies or rationale of the Board.

b. That the relief requested or granted is consistent with the underlying policies of the Board of Trustees which were used to establish the rate, structure, regulation or procedure.

2.    For purposes of an appeal, such "underlying policies" may be found in
       written policy statements, reflected in minutes of discussions and actions of
       the Board of Trustees or inferred from common past practices and patterns of
       actions of the District.

E.  Procedure on Appeal:

1. The appeal is to be presented to the Superintendent in writing, concisely setting forth the circumstances, the basis of claim for relief, and the relief sought. The case will be placed on the agenda of an  upcoming meeting.  The appellant shall be notified, in writing, of the date, time and place that the appeal will be heard.

2. The appeal hearing before the Board is informal.  The appellant may appear  personally and/or be represented by an attorney, engineer, planner or such other person(s) as may be appropriate.

3. If any party wishes to further preserve the proceeding by recording or reporter, arrangements shall be made by the party wishing to do so at that party's expense.

4. When the case has been presented, the Board of Appeals shall take one of the following actions:

a. Decide the appeal.

b. Inform the appellant that more time is required: and give public notice during the hearing of the time and place for further proceedings, discussion and/or decision.

5. The District shall send written notice to appellant of any decision or other
action taken on the appeal.

F.   Decision of the Board of Appeals:

1. The Board of Appeals shall make findings of fact and arrive at a decision.  The Board may state its reasons for its decision.

2. The decision may be to:

a. Grant the relief sought.

b. Deny the relief sought.

c. Grant alternate relief, including conditions attached to an approved, as may be appropriate, based upon the findings of fact:

(1) With agreement of the appellant.

(2) Without agreement of the appellant.  In this event, appellant may consider this decision a denial for purposes of further appeal.

G.    Case decision not binding precedent:

1. No decision in an individual case shall be considered to be binding precedent
for any other case.

H.   Further appeal:

1. Further appeal of any adverse decision as the Sanitary District Board of Trustees (including a decision as the Sanitary District Board of Appeals) is by way of a Compliant in the Superior Court of York County.  Such an appeal must be filed in Superior Court within (30) days of the date of the decision (not 30 days from receipt of notice of the decision) of the Board of Trustees or the Board of Appeals.

 2. An appellant to the Superior Court need not first appeal a decision of the Board of Trustees to the Sanitary District Board of Appeals in order to satisfy any requirement of exhaustion of administrative remedies.  An appeal to the Board of Appeals of a decision of the Board of Trustees is not a new hearing or reconsideration using the same criteria for decision, but rather is an appeal based upon the limited "uniqueness standard" set forth above.

I. Superceding provisions:

1.  This appeal procedure (Item III) shall replace and supercede the General
     Appeal procedure enacted on September 24, 1981, and the Rate Schedule  
     Appeal enacted in 1987.

J. Actions not appeals:

1. Applications, meeting with the Superintendent or presentations to the Board of Trustees for the purpose of doing routine business with the District are not
"appeals" to which this procedure (Item III) applies.

2. The District welcomes informal discussions of issues that have a potential for resolution at that level.