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DES:djk 08/31/87R <br /> <br />initiated by Agency shall be reviewed by the Manager who shall <br />provide copies thereof to Company. The Manager shall review each <br />Complaint to determine whether the Complaint can be resolved <br />informally or whether formal action hereunder is warranted. If <br />the Manager determines that formal action is warranted, he or she <br />shall give written notice to Company and all interested parties <br />of a hearing to be held by the Manager on each such Complaint not <br />less than ten (10) days from the date of said notice. <br /> <br /> At the Manager's hearing on the Complaint Company may <br />present its response thereto, including, but not necessarily <br />limited to, a written response including supporting documents. <br />Within 10 days following the hearing the Manager shall make a <br />determination upon the Complaint. The hearing conducted by the <br />Manager shall be informal, and rules of evidence shall not apply, <br />but the Manager may hear and consider such relevant statements, <br />documents, or other materials as he or she shall determine <br />appropriate under the circumstances. <br /> <br /> If the Manager determines that Company has violated, or is <br />in continuing violation of, its duties and obligations under this <br />agreement, or otherwise in violation of any of the provisions <br />hereof, the Manager may issue a Compliance Order to Company or <br />may order that the Complaint shall be heard by the Governing <br />Body. In all cases in which the Manager determines that the <br />appropriate remedy should be Termination or payment of <br />Compensatory Damages, the Complaint shall be heard by the <br />Governing Body. If the Manager orders that the Complaint shall be <br />heard by the Governing Body he or she shall prepare a written <br />report to the Governing Body which shall state his or her <br /> <br /> 35 <br /> <br /> <br />