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1 B. Manager's Review. All Complaints receixJed or initiated by Agency shall be 2 reviewed by the Manager who shall provide copies thereof to Company. The 3 Manager shall review each Complaint to determine whether the Complaint 4 can be resolved informally, or whether the formal action hereunder is 5 warranted. If the Manager determines that formal action is warranted, he or 6 she shall give written notice to Company and all interested parties of a 7 heating to be held by the Manager on each such Complaint not less than ten 8 (10) daYs from the date of said notice. 9 At the'Manager's hearing on the Complaint, Company may present its 10 response thereto, including, but not necessarily limited to, a written response 11 including supporting documents. Within ten (10) days following the hearing, 12 the Manager shall make a determination upon the Complaint. The hearing 13 conducted by the Manager shall be informal, and rules of evidence shall not 14 apply, but the Manager may hear and consider such relevant statements, 15 documents, or other materials as he or she shall determine appropriate under 16 the circumstances. 17 If the Manager determines that Company has violated, or is in continuing 18 violation of, its duties and obligations under this Agreement, or otherwise in 19 violation of any of the provisions hereof, the Manager may issue a 20 Compliance Order to Company or may order that the Complaint shall be 21 heard by the Governing Body. In all cases in which the Manager determines 22 that the appropriate remedy should be Termination or payment of 23 Compensatory Damages, the Complaint shall be heard by the Governing 24 Body. If the Manager orders that the Complaint shall be heard by the 25 Governing Body, he or she shall prepare a written report to the Governing 26 Body which shall state his or her findings, the basis therefor, and a 27 recommended action by the Governing Body. 28 C. Governing Body Review. Company may appeal a Compliance Order issued 29 by the Manager to the Governing Body by filing a notice of appeal with the 30 Clerk of the Govern'rog Body within ten (10) days of the date of the Manager's 31 Compliance Order. The Clerk of the Governing Body shall set the matter for 32 hearing by the Governing Body within thirty (30) days of receipt of the notice 33 of appeal unless Company consents to an extension of the time for the 34 hearing. 35 If the Manager orders a Complaint to be heard by the Governing Body 36 pursuant to this Section, the Clerk of the Governing Body shall set the matter 37 for hearing within thirty (30) days of the date of such order, unless the time 38 for hearing is extended by consent of Company. Page30 8/2/96