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LEGAL DEPARTMENT MEMORANDUM <br /> NO. 2006-12 <br /> November 7, 2006 <br /> TO: Honorable Mayor Osborne and City Council <br /> FROM: Steve Garm ity Manager � <br /> Wendy Mort d, Corporation Counsel �j,�—` <br /> SUBJECT: Administrative Hearing Rules Resolution <br /> The City Council has agreed to appoint a hearing officer for the purpose of <br /> conducting a hearing to determine if Insight's Formal Proposal to the City's Needs <br /> Assessment should be adopted and the franchise renewed. The Resolution adopted by <br /> the Council contained a preliminary assessment that the franchise should not be <br /> renewed because Insight's proposal failed to meet the City's future cable-related needs <br /> and interests taking into account the cost of ineeting such needs and interests. The <br /> Resolution also stated that the administrative hearing would be held pursuant to 47 <br /> U.S.C. §546(c) and provide both parties a fair opportunity for full participation. <br /> There are no specific rules or procedures for the conduct of the hearing set forth in <br /> the statute but it does empower the City Council to determine the procedures to be used <br /> in the administrative hearing. <br /> Using the federal statute, cases and the Illinois Administrative Pro:;edure Act, the <br /> rocedures set out in the resolution com I with the law in rovidin both sides the <br /> p pY P J <br /> opportunity to fully participate, including the right to introduce evidence, to require the <br /> production of evidence and to question witnesses. <br /> Staff recommends approval. <br /> If you have any questions please contact Wendy Morthland, Corporation Counsel at <br /> 424-2807. <br /> WLM:pm <br /> cc: John T. Robinson <br /> Amy M. Waks <br />