(a) Standards for revocation. The County may revoke a franchise and rescind all rights and privileges associated with it in the following circumstances, each of which represents a default and a material breach of the franchise:
(1) a franchisee's failure to perform any of its material obligations under this article or under any franchise agreements or other agreements or understandings entered into in connection with such a franchise agreement between the County and the franchisee;
(2) a second consecutive failure of more than 10% of locations tested under § 10-6-102;
(3) a repeated and verifiable pattern of noncompliance with the consumer standards set forth in §§ 10-8-101 et seq.;
(4) a franchisee's failure to provide continuous and uninterrupted cable service; or
(5) a franchisee engaging in any fraud or deceit upon the County under this article or the franchise agreement.
(b) Revocation procedure.
(1) After complying with § 10-11-101, as applicable, the Information Technology Officer shall hold an informal meeting with the franchisee to review the alleged violation. If the meeting does not result in resolution satisfactory to the Information Technology Officer, the Information Technology Officer may issue a notice of intent to revoke the franchise that describes the reasons for the intended revocation.
(2) The franchisee shall have the right to demand a public administrative hearing before a Hearing Officer selected by the Information Technology Officer. The demand shall be filed with the Information Technology Officer no later than 30 days after the date of the notice of intent to revoke the franchise, and shall include a response to each of the reasons given for the intended revocation. The Hearing Officer shall be a person with experience in evidentiary proceedings.
(3) At least 30 days prior to the administrative hearing, the County shall serve upon the franchisee a written notice specifying the time and place of such hearing and stating that its subject is the revocation of the franchise and the reasons the revocation is being sought.
(4) The Hearing Officer shall have the authority to issue subpoenas in the manner set forth in § 1-1-101, and to administer oaths as described in § 1-1-102. The Hearing Officer shall admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs, and shall exclude evidence regarded as privileged under Maryland law.
(5) At the administrative hearing, both the franchisee and the Information Technology Officer shall be provided a fair opportunity for full participation, including the rights to be represented by legal counsel and to introduce probative evidence. The hearing shall be recorded or a verbatim transcript shall be made by the County. Following the conclusion of the hearing, the franchisee shall be given a reasonable opportunity to submit written proposed findings and conclusions.
(6) The Hearing Officer shall prepare a written recommendation on whether the franchise should be revoked. A recommendation for revocation shall include findings of fact and conclusions on each of the reasons for the revocation. The recommendation of the Hearing Officer is not a final administrative decision appealable to the Board of Appeals.
(7) A recommendation for revocation shall be brought before the County Council in the form of an ordinance approving the recommendation of the Hearing Officer. The records of the administrative hearing shall be placed in the record before the County Council. No additional evidentiary hearing is required before the County Council, but the franchisee shall have a reasonable and fair opportunity to be heard.
(8) The County Council may either approve or decline to approve the ordinance revoking the franchise. If the ordinance is passed and becomes law, the franchise shall be deemed revoked as of the effective date of the ordinance, the security fund and bonds shall be deemed forfeited, and the franchisee shall be required to pay the costs of the administrative hearing described in this section. If the County Council does not approve the ordinance, the franchise shall continue in full force and effect, and the franchisee shall not be required to pay the costs of the administrative hearing.