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Any conviction or judgment dated more than three (3) years prior to the notice of suspension or notice of debarment shall not be a basis for any debarment or suspension of a person or an affiliate of a person.
(Ord. No. 10404, § 1, 5-15-07)
Upon receipt of information concerning a possible cause for debarment, the director may investigate the possible cause. If the director has a reasonable basis to believe that a cause for debarment exists, the director may debar a person in accordance with this chapter.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-103(1). The period of time for a debarment shall not exceed three (3) years from the date of the debarment determination.
Sec. 28-103(2). If debarment is based solely upon debarment by another governmental agency, the period of debarment may run concurrently with the period established by that other debarring agency.
(Ord. No. 10404, § 1, 5-15-07)
If the director implements debarment, the director shall notify the person in writing within seven (7) days of the debarment action by certified mail, return receipt requested or by any other method that provides evidence of receipt. The person may submit a request to the director for an administrative hearing within fourteen (14) days of issuance of the director's debarment action. If a hearing is granted, it shall be conducted in accordance with this article.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-105(1). If the director proposes to debar an affiliate, the affiliate shall have a right to appear in any hearing on the proposed debarment to show mitigating circumstances.
Sec. 28-105(2). The affiliate shall advise the director within thirty (30) days of receipt of the notice under section 28-104 of its intention to appear under subsection (1) of this section. Failure to provide written notice of appearance within the thirty (30) day period shall be a waiver of the right to appear in the hearing.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-106(1). Improper conduct by a person may be imputed to an affiliate for purposes of debarment where the impropriety occurred in connection with the affiliate's duties for or on behalf of, or with the knowledge or approval of, the contractor.
Sec. 28-106(2). The improper conduct of a person or its affiliate having a contract with a contractor may be imputed to the contractor for purposes of debarment where the impropriety occurred in connection with the person's duties for or on behalf of, or with the knowledge or approval of, the contractor.
(Ord. No. 10404, § 1, 5-15-07)
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