Laserfiche WebLink
for purposes of the administrative hearing be regarded no <br />differently than any other evidence. The City and the applicant <br />must be afforded full procedural protection regarding evidence <br />related to these proceedings, including the right to refute any <br />evidence introduced in these proceedings or sought to be <br />introduced by the other party. Both shall have the opportunity <br />to submit additional evidence related to issues raised in the <br />proceeding conducted pursuant to 47 U.S.C. § 546 (a). <br /> <br />There shall be a transcribed proceeding during which each <br />party will be allowed to present testimony (live, or written if so <br />required) and cross-examine the witnesses of the other party <br /> <br />Following completion of any hearing, the hearing officer shall <br />require the parties to submit proposed findings of fact with <br />respect to the matters that the City Council is entitled to <br />consider in determining whether renewal ought to be granted. <br />Based on the record of the hearing, the hearing officer shall <br />then prepare written findings with respect to those matters, <br />and submit those findings including a decision and the <br />reasons therefor, to the City Council and to the parties (unless <br />the hearing officer is the City Council, in which case the written <br />findings shall constitute the final decision of the City). <br /> <br />If the hearing officer is not the City Council, the parties shall <br />have thirty (30) days from the date the findings are submitted <br />to the City Council to file exceptions to those findings. The <br />City Council shall thereafter issue a written decision granting <br />or denying the application for renewal, consistent with the <br />requirements of the Cable Act, based on the record of such <br />proceeding, stating the reason for the decision. A copy of the <br />final decision of the City Council shall be provided to the <br />parties. <br /> <br />The proceeding shall be conducted with due speed. Any <br />decision to renew a Franchise shall be made by ordinance <br />enacted no less than thirty (30) days after the filing of the <br />application, and subsequent to preparation of a written <br />Franchise Agreement consistent with the decision by the City <br />and signature thereof by the applicant. <br /> <br />In conducting the proceeding, and except as inconsistent with <br />the foregoing, the hearing officer will follow the Missouri <br /> <br /> <br />