3.10.040 Dispute Resolving Committee.
(a) Every effort will be made to fairly assess the actual cash value of the claim. However, should the claimant reject the settlement offer, the claimant may request in writing that WSSC’s Dispute Resolving Committee review the claim. Claims that have been completely denied cannot be reviewed by the Committee.
(b) Within seven days of receipt of the written request directed to the Claims Manager, a Committee will be appointed by the General Counsel or designee. The Committee will comprise three WSSC Team Chiefs/Directors, excluding the General Counsel.
(c) A mutually convenient date will be set for the claimant to appear before the Committee to briefly present his or her claim request. Claimants may have others present to assist them in presenting their claims. If the claimant is represented by an attorney, a WSSC attorney will also be present to represent the Commission. A member of the Claims Section staff and/or the third party adjusting company will also be present to explain WSSC’s position.
(d) The Committee will determine the fair and reasonable level of property damages due to sewer backups and water main breaks. The Committee will not address issues of liability and fault.
The Committee will observe the following procedures:
(1) The Committee Chair will start the meeting at the appointed time, introduce those present, maintain order, and keep the meeting moving toward conclusion.
(2) The Committee Chair will advise the claimant that the Committee has reviewed the claim and will ask that the claimant concisely present his/her case.
(3) The Committee members may question the claimant, any witnesses or WSSC representatives at any time.
(4) The Committee will mail its decision to the claimant within 10 working days of the hearing. The decision will be in accordance with Commission-approved policies and procedures.
(5) The Committee decision shall be the final WSSC decision.
(6) A written explanation justifying the Committee’s settlement offer/decision will be included in the claims file.
(7) After the decision letter has been mailed, claimants requesting any additional information will be referred by the Committee back to the Claims Manager.
(e) Committee hearings are intended to resolve informally all disputes between WSSC and the claimants concerning settlement value of the claim. The hearing before the Committee shall not be construed or conducted as a contested case or adjudicatory hearing under the Maryland Administrative Procedure Act. (Amended during 2019 codification; CUS 08-01 § 4)