A. Right To Hearing: Any person who has been debarred from competing for city of Heppner contracts or for whom prequalification has been denied, revoked or revised may appeal the city of Heppner's decision to the Heppner city council as provided in this section.
B. Filing Of Appeal: The person must file a written notice of appeal with the city of Heppner's purchasing manager within three (3) business days after the prospective contractor's receipt of notice of the determination of debarment, or denial of prequalification.
C. Notification Of Heppner City Council: Immediately upon receipt of such notice of appeal, the purchasing manager shall notify the Heppner city council of the appeal.
D. Hearing: The procedure for appeal from a debarment or denial, revocation or revision of prequalification shall be as follows:
1. Promptly upon receipt of notice of appeal, the city of Heppner shall notify the appellant of the time and place of the hearing;
2. The Heppner city council shall conduct the hearing and decide the appeal within thirty (30) days after receiving notice of the appeal from the purchasing manager; and
3. At the hearing, the Heppner city council shall consider de novo the notice of debarment, or the notice of denial, revocation or revision of prequalification, the standards of responsibility upon which the decision on prequalification was based, or the reasons listed for debarment, and any evidence provided by the parties.
E. Decision: The Heppner city council shall set forth in writing the reasons for the decision.
F. Costs: The Heppner city council may allocate the Heppner city council's costs for the hearing between the appellant and the city of Heppner. The allocation shall be based upon facts found by the Heppner city council and stated in the Heppner city council's decision that, in the Heppner city council's opinion, warrant such allocation of costs. If the Heppner city council does not allocate costs, the costs shall be paid as by the appellant, if the decision is upheld, or by the city of Heppner, if the decision is overturned.
G. Judicial Review: The decision of the Heppner city council may be reviewed only upon a petition in the circuit court of Umatilla County filed within fifteen (15) days after the date of the Heppner city council's decision. (Ord. 550-05, 3-14-2005)