A. After a timely protest is filed, the department head:
1. Shall consider the protest; and
2. May hold a hearing on the protest.
B. 1. The department head or designee may:
a. Subpoena witnesses and compel their attendance at a protest hearing; or
b. Subpoena documents for production at a protest hearing.
2. The rules of evidence do not apply to a protest hearing.
3. If a hearing on a protest is held under this section, the city recorder or designee shall:
a. Record the hearing;
b. Preserve all evidence presented at the hearing; and
c. Preserve all records and other evidence relied upon in reaching the written decision described in this section.
4. Regardless of whether a hearing on a protest is held under this section, the city recorder or designee shall preserve all records and other evidence relied upon in reaching the written decision.
5. The records may not be destroyed until the decision, and any appeal of the decision, becomes final.
C. The department head or designee shall promptly issue a written decision. The decision shall state the reasons for the action taken and inform of the right to judicial or administrative review.
D. A decision is effective until stayed or reversed. The decision shall be final and conclusive unless the protestor, prospective contractor, or contractor:
1. Commences an action in city court in accordance with subsection 63G-6a-1802(5), Utah code;
2. Files an appeal.
E. If the department head or designee does not issue the written decision within thirty (30) calendar days after the day on which a written request for a final decision is filed, or within a longer period as may be agreed upon by the parties, the protester may proceed as if an adverse decision had been received.
F. A determination under this section regarding an issue of fact may not be overturned on appeal unless the decision is arbitrary and capricious or clearly erroneous. (Ord. 2014-08, 8-5-2014)