(A) The Chief Procurement Officer or the Director of the Department of Municipal Development shall issue a written determination to debar or suspend a person. There is no right to appeal a suspension pursuant to § 5-7-4. A determination to debar or suspend shall contain the following statements or information:
(1) Whether the action contemplated is for debarment or suspension;
(2) That the maximum time period of a debarment is three years, and the recommended time of the debarment, if less than three years;
(3) The reasons for the action, which shall include a summary of the person's conduct to which the action relates and a listing of any contracts related to such conduct;
(4) That the action is brought pursuant to the provisions of the Debarment Ordinance and the regulations promulgated thereunder;
(5) That sufficient facts exist, unless rebutted, to support the proposed suspension or debarment, and identification of such facts;
(6) If the proposed action is for debarment, notice that the Chief Procurement Officer or the Director of Municipal Development shall proceed to debar the person unless the person makes a written request for a hearing within 15 consecutive calendar days from the day the person receives the notice of the proposed action;
(7) If the proposed action is for debarment, the address for the Office of the City Clerk where the person's request for hearing shall be sent; and
(8) If the proposed action is for debarment, that the person may be represented throughout the proceeding by an attorney licensed to practice law in the state of New Mexico.
(B) A copy of the determination made pursuant to § 5-7-5 shall be:
(1) Mailed to the person's last known address on file with the city's Purchasing Division, by first class mail, within three business days after issuance of the written determination; or
(2) Transmitted electronically to the person's last known email address on file within three business days after issuance of the written determination.
(C) Failure to request hearing on debarment: If the person fails to deliver a timely written request for a hearing to the Office of the City Clerk in accordance with the provisions of this section, a final determination shall be made by the Chief Procurement Officer or the Director of Municipal Development or their designee.