§ 33-01-310. Procedure for remedying franchise violations.

A.

Prior to imposing any remedy or other sanction against grantee specified in this chapter, grantor shall give grantee notice and opportunity to be heard on the matter in accordance with the following procedures:

B.

Grantor shall first notify grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time. Within fifteen (15) days of receipt of notice of a violation, the grantee will acknowledge receiving the notice and let the grantor know when the grantee will be able to respond to the allegation of violation. In no case shall the day of response be greater than thirty (30) days from the acknowledgment unless grantor agrees to a longer period in writing. If the grantee disputes that the franchise has been violated, fails to commence correction of the violation within the time prescribed, or fails to act to correct the violation, the grantor shall give written notice of not less than thirty (30) days of a public hearing to be held before the commission. The notice shall specify the violations alleged to have occurred.

C.

At the public hearing, the commission shall hear and consider all relevant evidence, and thereafter render findings and its decision.

D.

In the event the commission finds that the grantee has corrected the violation, has diligently commenced correction of such violation after notice from grantor and is diligently proceeding to fully remedy such violation, or that no material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed.

E.

In the event the commission finds, in accordance with procedures set forth in this article and the franchise agreement, that material violations exist and that grantee has not diligently discharged its obligation to either correct the same in a satisfactory manner or diligently commenced correction of such violation after notice thereof from grantor and is not diligently proceeding to fully remedy such violation, the commission may impose one (1) or more of the remedies provided in this article for the respective violations, and the franchise agreement as it, in its discretion, deems appropriate under the circumstances.

(Ord. No. 958, § 31, 10-24-95)