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Title: 2 - Administration and Personnel

Chapter: 100 - Enforcement

Section: 5

SubSection: 09 Recommended decision of hearing officer

If the hearing is conducted by a hearing officer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact and conclusions. The recommended decision shall be filed with the clerk of the governing body of the franchising authority and mailed to the parties not later than thirty calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the governing body may, without a hearing except as otherwise required below, either

A.   Adopt the recommended decision, including findings of fact and conclusions submitted by the hearing officer,

B.   Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised

C.   Based upon the record of the hearing, modify the findings of fact, conclusions or decision, and adopt the recommended decision as so revised or

D.   Reject the recommended decision, including findings of fact and conclusion, and conduct a new hearing before a hearing officer provided at franchising authority\'s expense.

If the franchising authority acts under either subsections (2), (3) or (4) of this section, the franchising authority shall set forth clearly its rationale and grounds for so doing. (Ord. 94-06 ยง 9 (part), 1994.)