Procedures for resolution of complaints and other disputes shall be as follows:
(a) A Subscriber dissatisfied with grantee's decision regarding a complaint may ask the Director to review the complaint. To obtain this review, the Subscriber may request County review within 30 days of receipt of grantee's response to the complaint, or within 45 days of submitting the complaint to the grantee, if the grantee has failed to respond to the complaint. The Director may extend the time to request the County's review for good cause.
(b) Before reviewing the complaint, the Director shall refer it to the grantee. If the grantee fails to cure the complaint within ten days after such referral, the Director shall review the complaint and determine if further action is warranted. The Director may request written statements from the grantee and subscriber, or oral presentations or both written and oral presentations.
(c) The Director shall determine if the subscriber's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the subscriber under this Section shall be limited to a refund of subscriber charges related to the period of violation of any of the terms of Division 6 or of the breach of any term of the applicable franchise agreement. In addition to any other remedy of County contained in this Section, County may impose liquidated damages of up to $100.00 payable to the County for any single event or series of related events, or actual damages as demonstrated during the resolution procedure.
(d) The Director may delegate the duties under this Section to a designee. The decision of the Director or a designee shall be final on any matter of $5,000.00 or less. In the event of a decision on a matter awarding more than $5,000.00, grantee may seek review pursuant to the notice of appeal procedure contained in § 46.0801.
(e) This Section shall not apply to disputes involving the implementation of the total rate approved by the Board or the adjustments thereto specifically authorized by Division 6.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)