(A) Request for review. If the franchisee disputes the reasonableness of the franchise application fee, it may seek review of the charges by filing a protest with the town’s Board of Trustees within 30 days of the franchisee’s receipt of the accounting statement.
(B) Hearing procedure. In the event a protest is filed, the town’s Board of Trustees shall appoint a disinterested individual to serve as a hearing officer. The hearing officer shall schedule a hearing date not less than 30 and not more than 60 days from the date of his or her appointment, and shall notify both the town and the franchisee of the hearing date by certified mail, return receipt requested. Notice must be mailed no less than 20 days prior to the hearing date. At the hearing, the franchisee shall bear the burden of proving that any charges are unreasonable, and may present evidence regarding the reasonableness of the charges. The town may respond to any allegations of unreasonableness.
(C) Purpose of hearing. The hearing shall be for the purpose of considering protest as to the reasonableness of the town’s incurred expenses in the franchising process. The hearing officer is not authorized to consider evidence challenging the town’s decision to incur the costs charged.
(D) Evidence. Evidence may be received in the form of documents, exhibits and testimony from witnesses. The hearing officer shall have all powers necessary to ensure the fair and efficient conduct of the hearing, but shall not be bound by the state’s Rules of Evidence. All hearings shall be open to the public.
(E) Decision. The hearing officer may recommend approval of the charges, or recommend alterations of any charges based upon the evidence presented. The town’s Board of Trustees, at its next regularly scheduled meeting, shall either approve or reject the recommendation of the hearing officer. Any action of the town’s Board of Trustees is final, and any payment determined to be due must be made to the town within seven days. Non-payment constitutes a material breach of the terms of the franchise.
(F) Costs. The town and the franchisee shall share equally in the costs of the hearing. The franchisee’s share of the costs shall be included in the final determination of charges due made by the town’s Board of Trustees.
(Prior Code, § 751.6) (Ord. 364, passed 11-5-1992; Ord. 591, passed 4-7-2016)