Upon the filing of any pleading with the clerk of council, the clerk and the director
of the council utilities regulatory office shall forthwith examine the same and, if
necessary, with the advice of the city attorney, determine its sufficiency under this
article. If the clerk finds that it does not comply in all material respects with
this article, the clerk may return it to the person who filed it, along with the clerk's
statement of the reasons for rejecting same. The person who filed such pleading shall
thereafter have the right to file a corrected pleading, provided, however, that the
filing of such corrected pleading shall not be permitted to delay any hearing unless
the president of the council, or in his absence, the vice-president, or in the absence
of both, any two councilmembers, shall determine that such delay is necessary in order
to prevent injustice or to protect the public interest and welfare, and provided further
that the failure of the clerk to return such pleading shall not be constituted a waiver
by the council or any other proper party to object at a later time to the sufficiency
of the pleading. Any determination made by the appropriate authority under this section
shall be subject to review by the council upon written request by the party affected.
(Code 1956, § 52-112)
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