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(a) Request for review. If the franchise applicant disputes the reasonableness of the franchise application fee, it may seek review of the charges by filing a protest with the Town Council within thirty (30) days of the franchise applicant’s receipt of the accounting statement.

(b) Hearing procedure. In the event a protest is filed, the Town Council shall appoint a disinterested person to serve as a Hearing Officer. The Hearing Officer shall schedule a hearing date not less than thirty (30) and not more than sixty (60) days from the date of appointment, and shall notify both the Town and the franchise applicant of the hearing date by certified mail, return receipt requested. Notice must be mailed no less than twenty (20) days prior to the hearing date. At the hearing, the franchise applicant 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 protests 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 the powers necessary to ensure the fair and efficient conduct of the hearing, but shall not be bound by the Colorado 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 Council, at its next regularly scheduled meeting, shall either approve or reject the recommendation of the Hearing Officer. Any action of the Town Council is final, and any payment determined to be due must be made to the Town within seven (7) days. Nonpayment constitutes a material breach of the terms of the franchise.

(f) Costs. The Town and the franchise applicant shall share equally in the costs of the hearing. The franchise applicant’s share of the costs shall be included in the final determination of charges due made by the Town Council. (Prior code 1.13.060; Ord. 1288 §1, 2008)