§ 28-40. Refunds; limitations.

(a)

If it shall appear that an amount of surcharge has been paid which was not due under the provision of this article, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this article from the telecommunication carrier who made the erroneous payments; provided that no amount erroneously paid more than three years prior to the filing of a claim therefore shall be so credited.

(b)

No action to recover any amount of surcharge due under the provisions of this this article shall be commenced more than three years after the due date of such amount.

(Code 1993, § 17-3.4; Ord. No. 2002-O-101, 12-10-2002)