(a) Determination of further action. The Information Technology Officer shall determine, based on a review of a subscriber complaint and any notification by the franchisee and any prior discussions or correspondence, whether further action on a complaint filed pursuant to § 10-8-107 is warranted. If the Information Technology Officer does not initiate further action within 30 days of the filing of the complaint, the franchisee's proposed action or resolution is final.
(b) Additional action. If the Information Technology Officer decides to initiate further action, the Officer shall require the franchisee and the subscriber to submit within ten days of notice to them a written statement of the facts and arguments in support of their respective positions. The franchisee or the subscriber may request in the statement that the Information Technology Officer conduct a meeting with the franchisee and the subscriber.
(c) Discussion. If requested, the Information Technology Officer may conduct a discussion, in person or by teleconference, following notice in writing specifying the time and place for the discussion. The discussion shall be conducted informally, and the parties may offer any evidence pertinent to the dispute. The Information Technology Officer may require and the parties shall produce any additional evidence, including test reports from the franchisee, that the officer considers necessary to an understanding and determination of the dispute.
(d) Written decision. The Information Technology Officer shall issue a written decision that sets forth the basis for the decision within 15 days after receipt of the written statements or, if a discussion is requested, within 15 days after the conclusion of the discussion.
(e) Actions permitted. The Information Technology Officer may order any action deemed appropriate, including adjustments to monthly service charges, actual damages, specific performance, or liquidated damages that are specified in a franchise agreement.
(f) Review of discussion. The Information Technology Officer's decision is final, subject only to judicial review that is limited to a determination as to whether the Officer acted arbitrarily, illegally, capriciously, or unreasonably.
(Bill No. 54-06)