(A) Any decision of the Commission that adversely affects a contractor or vendor must be hand-delivered, or sent via first-class mail to the party's last-known address on file with Metro Government. No sanctions or penalties shall be imposed against any contractor or vendor found not to be in compliance with the terms of this subchapter until the expiration of 30 days from the date of the mailed determination, in order to afford an opportunity to appeal the decision, in accordance with the terms of this subchapter.
(B) An Affirmative Action Appeals Board shall be established for purposes of hearing appeals from any decision relating to enforcement of this subchapter. The Board shall be composed of the County Attorney, the Metro Council President, the Director of Louisville Metro Finance Department, or their respective designees.
(C) If any party is aggrieved by a decision of the Commission, an appeal may be sent in writing to the Board, sent via first-class mail within 30 days of such adverse decision. Such appeal shall set forth the grounds for the appeal of the Commission's decision, and shall include copies of any documentation necessary to support such position.
(D) (1) The Board shall convene a hearing within 15 days of the receipt of an appeal of a decision made by the Commission, in order to determine compliance with terms of this subchapter.
(2) No penalties or sanctions shall be imposed upon a contractor or vendor during the pendancy of an appeal.
(3) The Board shall notify all parties in writing of the time and place of a hearing. The hearing committee may issue subpoenas for any witnesses requested by either of the parties, or in the Board's opinion, necessary for the proper disposition of the matter to be heard. All parties shall be allowed legal representation, witnesses may be cross-examined, and the proceeding shall be recorded. The Commission and the Purchasing Department shall transmit, within ten days after receipt of notice of appeal, any relevant original documentation in the action to the Board.
(4) The Appeals Board shall have the power to require the contractor to furnish all necessary records and give testimony, so as to enable the Board to render a fair and competent decision. The duty of the Board shall be to review all records, hear all testimony of witnesses, and determine whether the decision of the Commission was correct. The decision of the Appeals Board shall be final and binding upon parties to the action, unless further appealed in accordance with the provisions of subsection (E), below. The decision shall set forth the Board's findings of fact and conclusions relative to its determination, and shall be transmitted in writing to all parties to the action. The administration of sanctions and penalties in accordance with that determination shall be the responsibility of the Commission.
(E) (1) Within seven days of the Board's decision, the adversely affected party may request that the Board review its decision, if that party can submit information that will prove the existence of the following:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly-discovered evidence that by due diligence could not have been discovered in time for the hearing;
(c) Perjury or falsified evidence; or
(d) Fraud affecting the proceedings other than perjury or falsified evidence.
(2) If such a review is requested, the Board shall reconvene within seven days to accept the new testimony and evidence, as set forth above. No other new testimony or evidence will be accepted.
(3) If such evidence is conclusive, the Board may reverse its decision, and the new decision shall be final and binding.
(Lou. Metro Ord. No. 214-2005, approved 12-12-2005)