(a) The Office of Equal Opportunity shall periodically review the practices and status of certified MBE's to determine whether they continue to meet the eligibility requirements for certification and are conducting their business activities in accordance with this chapter.
(b) Informal compliance review shall consist of monitoring reports and information submitted by departments, MBE's and joint ventures, on-site visits or interviews and discussions conducted by the OEO staff.
(c) If the OEO discovers correctable noncompliance as the result of an informal compliance review, it may seek compliance by the MBE prior to instituting further proceedings. In such cases, the OEO shall issue a notice of noncompliance to the MBE, specifying the nature of the alleged noncompliance, and shall recommend steps to be taken by the MBE to correct the stated deficiencies. The OEO may enter into discussions with the MBE to attempt to resolve the compliance problem informally.
(d) If the informal compliance procedures result in the correction of the deficiencies, the OEO shall keep on file a copy of the notice of noncompliance, the steps taken to correct any deficiencies and the results of a follow-up investigation. If the informal compliance procedures do not result in the correction of all deficiencies, the OEO may institute formal compliance review proceedings.
(e) Upon completion of the formal compliance review process, the OEO shall prepare a report setting forth its findings.
(f) The OEO may hold an informal preliminary hearing at which the MBE shall be allowed to appear and state its position on the allegations. After an informal preliminary hearing, or without such informal hearing if the OEO so determines, the OEO shall take one of the following actions:
(1) Dismiss the allegations as unfounded; or
(2) Adopt formal charges and conduct a formal hearing on the allegations.
(Ord. 83-75. Passed 4-4-83.)