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Session Laws, 1975
Volume 716, Page 5124   View pdf image
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5124

COUNTY LOCAL LAWS

COMPANY OF THE ALLEGED FAILURE OF COMPLIANCE AND GIVE THE
COMPANY A REASONABLE OPPORTUNITY TO CORRECT SUCH FAILURE
OR TO PRESENT FACTS AND ARGUMENT IN REFUTATION OF THE
ALLEGED FAILURE.

(B)    IF THE GRANTING AUTHORITY THEN CONCLUDES
THAT THERE IS A BASIS FOR CANCELLATION, IT SHALL NOTIFY
THE COMPANY THEREOF.

(C)    IF WITHIN A REASONABLE TIME, THE COMPANY
DOES NOT REMEDY AND/OR PUT AN END TO THE ALLEGED FAILURE,
THE GRANTING AUTHORITY, AFTER A PUBLIC HEARING ON NOTICE,
MAY CANCEL THE FRANCHISE IF IT DETERMINES THAT SUCH
ACTION IS WARRANTED.

SECTION 6.26. ARBITRATION.

MATTERS WHICH ARE IN DISPUTE HEREUNDER, SUCH AS

CANCELLATION, MAY BE APPEALED BY THE INJURED PARTY TO AN

ARBITRATION PANEL, WHICH SHALL CONSIST OF THREE (3)
MEMBERS.

(A)    THE MEMBERSHIP SHALL BE ONE PERSON NAMED
BY THE GRANTING AUTHORITY AND ONE PERSON NAMED BY THE
COMPANY, WITH THE THIRD MEMBER TO BE NAMED BY THE COMPANY
REPRESENTATIVE AND THE GRANTING AUTHORITY REPRESENTATIVE
ACTING JOINTLY. IF THEY FAIL TO AGREE AS TO THE THIRD
MEMBER, EITHER OR BOTH MEMBERS SHALL APPLY TO THE
AMERICAN ASSOCIATION AND THE LATTER SHALL NAME THE THIRD
MEMBER. ABSENT MAJORITY AGREEMENT TO THE CONTRARY, THE
THIRD APPOINTEE SHALL BE THE PRESIDING OFFICER.

(B)    EACH PARTY SHALL BEAR THE EXPENSES OF
ITS OWN REPRESENTATIVES. THE EXPENSES OF THE ARBITRATION
SHALL BE BORNE AS DETERMINED BY THE ARBITRATION PANEL IN
ITS AWARD OR FINDING, BUT IN NO EVENT SHALL THE GRANTING
AUTHORITY BE OBLIGATED FOR MORE THAN ONE-HALF OF THE
EXPENSES.

(C)    THE DETERMINATION OF THE MAJORITY OF THE
THREE-MEMBER PANEL SHALL BE BINDING ON THE PARTIES.

SECTION 6.27. GRANTING AUTHORITY RIGHTS IN FRANCHISES.

THE RIGHT IS HEREBY RESERVED TO THE GRANTING
AUTHORITY TO ADOPT, IN ADDITION TO THE PROVISIONS
CONTAINED HEREIN AND IN EXISTING APPLICABLE ORDINANCES,
SUCH ADDITIONAL REGULATIONS AS IT SHALL FIND NECESSARY IN
THE EXERCISE OF THE POLICE POWER, PROVIDED THAT SUCH
REGULATIONS, BY ORDINANCES, OR OTHERWISE, SHALL BE
REASONABLE.

SECTION 6.28. APPOINTMENT OF [[REGULATORY BODY]]
CITIZENS ADVISORY GROUPS APPOINTED IN ACCORDANCE WITH THE

 

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Session Laws, 1975
Volume 716, Page 5124   View pdf image
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