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1 At its hearing the Governing Body shall consider the Complaint anew, 2 irrespective of whether the hearing is on appeal by Company or by order of 3 the Manager. If a Complaint is based upon the manner or quality of 4 Company's service to customers or members of the public, the hearing shall 5 be a public hearing. If a Complaint is based upon a violation of the standards 6 and procedures implemented under this Agreement, the hearing may, but 7 shall not necessarily, be a public hearing, as the Manager shall determine. 8 Agency and/or Company shall have the right to request that the Complaint 9 be referred to a fact-finding panel pursuant to Section 5.2.3.D. prior to hearing 10 and final determination by the Governing Body. The findings of fact made by 11 the panel shall be advisory only, and shall not be binding on the Governing 12 Body. 13 If, upon conclusion of the hearing and consideration of any advisory findings 14 of fact, the Governing Body determines that Company has violated, or is in 15 continuing violation of, any of its duties and obligations, either express or 16 implied, under this Agreement, the Governing Body may issue a Compliance 17 Order, Tem-Lination Order or Order for Payment of Compensatory Damages, 18 as it deems appropriate. The Governing Body's decision shall be the final 19 administrative determination, and shall be supported by written findings. 20 D. Fact Finding. 21 1) Panel. A fact-finding panel shall be comprised of one member, each, 22 appointed by Company and Agency, respectively. The panel members 23 appointed aforesaid shall, in turn, appoint a third panel member who 24 shall be the Chairperson and preside over the proceeding conducted by 25 the panel. 26 2) Procedure. The fact-finding panel shall review the controversy between 27 the parties pursuant to the provisions of Part 3, Title 9 ("Arbitration") 28 commencing with Section 1280 of the California Code of Civil Procedure, 29 as said provisions exist upon the date hereof or from time to time may be 30 amended, revised, or superseded, except to the extent that any provisions 31 of this Agreement conflict with the provisions of said Title 9. 32 Notwithstanding the foregoing, the fact-finding panel shall have authority 33 only to receive evidence relating to the controversy and to make advisory 34 findings of fact. The panel's findings of fact shall be written and shall 35 identify the evidence upon which each finding, respectively, is based. 36 3) Costs. All costs associated with the review by the fact-finding panel shall 37 be' borne solely by Company as an Operating Cost, except that Agency Page31 8/2/96