(A) A subscriber who feels a cable company has violated the provisions of this chapter shall have the right to submit a formal letter of complaint therefor with the County Board of Commissioners. The Board shall give written notice to the cable company of such complaint, together with a copy of the letter of complaint. The cable company shall have 30 days from the date of the written notice from the County Board of Commissioners to resolve the complaint and give written evidence to the Board that such complaint has been resolved. The cable company shall have the right to dispute the claim of complaint by filing a written notice therefor with the Board, and requesting a formal hearing to determine whether or not a violation of this chapter has occurred. The cable company may request that either a Board member conduct the hearing, or that a hearing officer conduct the hearing. In the event the cable company requests a hearing officer, then the cable company shall submit the sum of $300 per day, plus the sum of $300 for a report, for each day estimated by the cable company to present its evidence with its request. Said sums may be modified from time to time by the County Board of Commissioners so that the expense of engaging a hearing officer, or of conducting the hearing, shall be borne by the cable company. The hearing shall follow the rules of evidence except that hearsay evidence shall be admissible, except that no recommendation or findings of fact shall be based solely upon hearsay evidence.
(B) The hearing shall be conducted within 30 days of the request of hearing filed by the cable company, unless the County Board of Commissioners shall grant a continuance for additional time as may be requested by the cable company. The report and recommendation of the hearing by a hearing officer or by a member of the Board shall be in writing, and shall be delivered to the Board who shall then determine what, if any, violation has occurred, and the appropriate penalty, if any, which should be levied.
(C) In the event of a claim of a violation of this chapter not filed by a subscriber, all the provisions of this section shall apply, except that a provision requiring a written notice from a subscriber. In the event the cable company fails to file evidence of a resolution of a complaint within the period provided for herein, or fails to request hearing as set forth herein, the Board shall proceed to accept the complaint as though it was verified by a hearing, and shall proceed accordingly.
(Ord. 1990-10, passed 7-31-1990)