(A) Any firm which believes that it has been wrongly denied certification by the CRD may file an appeal in writing, signed and dated, with the Department of Transportation. The appeal shall be filed no later than 180 days after the date of denial of certification. This time limitation may be extended or waived by the Secretary of the Department of Transportation, who shall specify, in writing, the reasons for such waiver or extension.
(B) If the firm denied certification appeals the denial of certification to the Secretary and the appeal is granted, the firm will be considered as certified for purposes of all future contracts. However, unless the certification appeal has been granted before the original contract is awarded, the award of the original contract proceeds without regard to the appeal.
(C) The Commuter Rail Division has also developed an expedited appeals process for firms seeking immediate review of their status. Such firms may appeal their denial of certification upon the filing of a notice of intent to appeal, in writing, to the Chairperson of the CRD within five days following receipt of notification of such denial. The notice of appeal shall include a request for a hearing, if desired by the applicant.
(D) The eligibility of the applicant for certification shall be reviewed and determined by a committee composed of not less than three Commuter Rail Division staff persons who shall be designated by the Chairperson. The committee shall select one of its members to serve as Appeals Committee Chairperson. Representatives of the Legal Department and the DBE office of the CRD shall assist the committee in an advisory capacity.
(E) If a hearing is requested, the Committee Chairperson shall designate a date within ten days following receipt of the notice of appeal and advise the applicant, in writing, of the time, date and place to appear. The applicant may request additional time for the hearing; however, the award of the pending contract will not be delayed on account of the request of an applicant to extend the date set for hearing.
(F) A failure on the part of the applicant to appear or give advance notice of his or her inability to appear at the hearing will automatically cause the denial of the appeal without prejudice to reapplication for certification.
(G) The applicant may, in advance of the hearing, submit a written statement specifying in detail the reasons why certification should be granted along with any additional evidence the applicant wishes to present. The applicant may, at his or her own expense, have technical assistants and/or legal counsel at the hearing. A transcript of the hearing may be made by either party at its own expense.
(H) The hearing shall be conducted on an informal basis, but all testimony shall be given under oath or affirmation. The evidence presented shall be relevant to the certification of the applicant. Questions may be propounded to the applicant firm and its representative(s) by any of the Committee members. The Committee shall conduct such additional inquiry as it deems appropriate, including requiring the submission of documents to support offers of evidence.
(I) The Committee shall make finding of facts cased upon the relevant testimony in evidence. The decision of the Committee with respect to the appeal shall be made within 15 days following the hearing, and the applicant shall be advised, in writing, by certified mail.
(Ord. CRB 84-42, passed 9-14-1984)