(a) Whenever the MBE Officer determines a contractor to be in violation of a provision of this chapter, he shall issue a written finding setting forth such determination and the basis of his decision, together with notice to the contractor of the right to object to the finding. Such written finding shall be served upon the contractor by certified mail at such contractor's last known address. Any contractor taking exception to a finding of the MBE Officer first shall attempt to reconcile the situation with the MBE Officer. A good faith attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written objection with the City Manager.
(b) If, after attempting to reconcile the violation by informal means, the situation is not alleviated, a contractor may file a written objection with the City Manager within fifteen days of the receipt by the contractor of the MBE Officer's written finding. Thereupon, the MBE Officer shall, within seven days, forward to the City Manager all materials relating to the determination which is appealed, together with recommendations of appropriate remedial action to be taken. The contractor may file a request for a hearing before the City Manager when filing the written objection.
(c) If the MBE Officer finds a contractor to be in violation of this chapter and no reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor of the written finding, the MBE Officer shall forthwith forward his finding to the City Manager along with any recommendation of appropriate remedial action to be taken.
(d) Under the direction of and upon authorization from the City Manager, the MBE Officer shall determine when a violation of this section exists and when the attempts at reconciliation taken by the contractor will not reasonably alleviate the situation.
(e) If the contractor objects to the decision of the City Manager, the contractor must next pursue the appeal process set forth in 49 CFR Section 23.55.
(Ord. 90-478. Passed 8-28-90.)