In the event the Applicant objects to the charges contained
in an invoice, the Applicant shall have twenty (20) business days
from receipt of the invoice or a request to replenish the Consultant
Escrow to file a written Notice of Objection to the charge(s) addressed
by e-mail to the Town Attorney and the Consultant. Said Notice of
Objection shall identify, with specificity, the date on which the
service(s) which the Applicant disputes were rendered; the type of
service(s) rendered by the Consultant which the Applicant disputes,
and the grounds upon which it contests either the necessity for such
service(s) or that the time expended in performing the service(s)
is excessive; and, the precise monetary amount by which the Applicant
contends that the amount charged for the disputed service(s) exceeds
the reasonable and necessary charges for the service(s) rendered.
The Applicant may not raise an objection, however, that the hourly
rate charged by the Consultant is per se unreasonable. The Applicant
shall attach to the Notice of Objection a copy of the invoice upon
which the disputed charge(s) appears. The Notice of Objection shall
state that prior to the filing of the objection the Applicant and
the Consultant have conferred in good faith in an effort to resolve
the dispute or alternatively, the reason why they have been unable
to do so. The Town Attorney shall have ten (10) business days from
receipt of the Notice of Objection to refer the matter to an Administrative
Hearing Officer selected by the Town Attorney, who may be an employee
of the Town, to conduct the administrative hearing. If no objection
is filed or if an objection is filed beyond the twenty (20) day period,
the invoice or request to replenish the Consultant Escrow shall be
paid in its entirety from the amount maintained on deposit or new
funds provided by the Applicant.
At least ten (10) business days prior to the administrative
hearing, written notice of the date, time, and place of the hearing
shall be provided by the Administrative Hearing Officer to the Consultant
and to the Applicant at the address shown on the Application by regular
or certified mail, return receipt requested, or by e-mail, at the
option of the Administrative Hearing Officer.