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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)
The director may allow a debarred or suspended person to participate in city contracts on a limited basis during the debarment or suspension period upon a written determination that participation is advantageous to the city. The determination shall specify the factors on which it is based and define the extent of the limits imposed.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-112(1). The director shall maintain a master list of debarments and suspensions under this article.
Sec. 28-112(2). The master list shall show as a minimum the following information:
(a) The names of those persons whom the city has debarred or suspended under this article;
(b) The basis for the action;
(c) The period of debarment or suspension, including the expiration date; and
(d) The name of the debarring or suspending agency, if the city's debarment or suspension is based on debarment or suspension by another governmental agency.
Sec. 28-112(3). The master list shall include a separate section listing persons voluntarily excluded from participation in city contracts.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-113(1). If a hearing is required or permitted under this article, the director shall appoint a hearing officer.
Sec. 28-113(2). If a hearing is required or permitted under this article, the hearing officer shall arrange for a prompt hearing and notify the parties of the time and place of the hearing.
Sec. 28-113(3). The hearing shall be conducted in an informal manner without formal rules of evidence or procedure.
Sec. 28-113(4). The hearing officer may:
(a) Hold pre-hearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
(b) Require parties to state their positions concerning the various issues in the proceeding;
(c) Require parties to produce for examination those relevant witnesses and documents under their control;
(d) Rule on motions and other procedural items on matters pending before such officer;
(e) Regulate the course of the hearing and conduct of participants;
(f) Establish time limits for submission of motions or memoranda;
(g) Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include:
(i) Refusing to allow the person to assert or oppose designated claims or defenses, or prohibiting that person from introducing designated matters in evidence;
(ii) Excluding all testimony of an unresponsive or evasive witness; and
(iii) Expelling the person from further participation in the hearing;
(h) Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice;
(i) Administer oaths or affirmations; and
(j) Assess or apportion damages or costs associated with the hearing matter or the proceedings to the parties involved.
Sec. 28-113(5). A transcribed record of the hearing shall be made available at cost to the requesting party.
(Ord. No. 10404, § 1, 5-15-07)
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