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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)
Sec. 28-114(1). The hearing officer's decision shall be final. The decision shall be based on the evidence presented and shall include findings of fact and conclusions of law. The decision shall be sent to all parties by certified mail, return receipt requested or by any other method that provides evidence of receipt.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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