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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)
Sec. 28-109(1). The director shall notify the person suspended by certified mail, return receipt requested or by any other method that provides evidence of receipt.
Sec. 28-109(2). The notice of suspension shall state:
(a) The basis for suspension;
(b) The period, including dates, of the suspension;
(c) That bids or proposals shall not be solicited or accepted from the person and, if received, will not be considered; and
(d) That the person may request a hearing on the suspension if the person files a written request for a hearing with the director within seven (7) days after receipt of the notice.
Sec. 28-109(3). If a suspended party requests a hearing, the director may arrange for a hearing.
Sec. 28-109(4). In the event a hearing is conducted, it shall occur to the extent practicable, in accordance with this article.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-110(1). The director may at any time after a final decision on debarment or suspension reinstate a debarred or suspended person or rescind the debarment or suspension upon a determination that the cause upon which the debarment or suspension is based no longer exists.
Sec. 28-110(2). Any debarred or suspended person may request reinstatement by submitting a petition to the director supported by documentary evidence showing that the cause for debarment or suspension no longer exists or has been substantially mitigated.
Sec. 28-110(3). The director may require a hearing on the request for reinstatement.
Sec. 28-110(4). The decision on reinstatement shall be in writing and specify the factors on which it is based.
(Ord. No. 10404, § 1, 5-15-07)
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