| 5.0 |
Auburn Area Access/Auburn Community Television Disciplinary
Discretion |
| 5.1 |
The sanctions and penalties outlined above may, in individual
cases, be adjusted by either the Auburn Area Access Board
of Directors ("Board") or its designated Committee. The Board
or Committee may impose greater or lesser sanctions and penalties
than those specified above if the Board or Committee determines
that there is good cause to do so. |
| 5.2 |
A decision by the Board or the Committee to impose a greater
or lesser sanction or penalty than those prescribed in Part
V of the Auburn Area access/Auburn community television Operating
Rules and Procedures shall be made at a public hearing in
which the user shall have an opportunity to fully participate
("variance hearing"). A variance hearing of the Committee
may be instigated by the Auburn Community Television Executive
Director or the Committee. A variance hearing of the Board
may be instigated by the Committee or the Board. |
| 5.3 |
A user against whom the Auburn Community Television Executive
Director has imposed a suspension or Probationary Sanction
may request a variance hearing of the Committee by filing
a written request for a variance hearing with the Auburn Area
access Board office within ten (10) days of notification of
the suspension or Probationary Sanction. A request for a variance
hearing may be filed separately or as part of a notice of
appeal under Section 5.0 of Part V of the Auburn Area Access/Auburn
Community Television Operating Rules and Procedures. |
| 6.0 |
Appeals Procedures |
| 6.1 |
Any user against whom the Auburn Community Television Executive
Director has imposed a suspension or Probationary Sanction
may appeal the decision to a designated Committee of the Auburn
Area Access Board of Directors within ten (10) days of notification
of the suspension or Probationary Sanction by filing a written
notice of appeal at the Auburn Community Television office.
|
| 6.2 |
The
Committee may choose to hear an appeal of a suspension or
Probationary Sanction after investigating the circumstances
of the violation. In public hearing with the Committee,
the Auburn Community Television Executive Director or staff
person shall make a presentation on the circumstances of
the violation(s) and the suspension or Probationary Sanction
imposed, and the user will make a presentation of the appeal.
The Committee may decide:
(a)
To sustain the sanctions imposed by the Auburn Community
Television Executive Director;
(b) To make alternative determinations; or
(c) To refer the appeal to the full Auburn Area
Access Board of Directors.
|
| 6.3 |
Determinations of the Auburn Area Access Board of Directors
or its designated Committee in matters of suspensions or Probationary
Sanctions or other actions are final. |
| 6.4 |
Should the Auburn Community Television Executive Director
decline to cablecast programming submitted to Auburn Community
Television for cablecast, the party submitting the material
may appeal the decision to a designated Committee of the Auburn
Area Access Board of Directors within 10 (ten) days of notification
of the Auburn Community Television Executive Director's declination
by filing a written notice of appeal to Auburn Area access
Board. Determinations of the Committee or the Auburn Area
Access Board of Directors in matters of programming shall
be final. |