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Tucson, AZ Code of Ordinances
TUCSON, ARIZONA CHARTER AND GENERAL ORDINANCES
ADOPTING ORDINANCES
PART I CHARTER*
PART II TUCSON CODE
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION*
Chapter 3 RESERVED*
Chapter 4 ANIMALS AND FOWL*
Chapter 5 BICYCLES AND SHARED MOBILITY DEVICES*
Chapter 6 BUILDINGS, ELECTRICITY, PLUMBING, AND MECHANICAL CODE*
Chapter 7 BUSINESSES REGULATED*
Chapter 7A CABLE COMMUNICATIONS*
Chapter 7B COMPETITIVE TELECOMMUNICATIONS
Chapter 7C RESERVED*
Chapter 7D LOCATION AND RELOCATION OF FACILITIES IN RIGHTS-OF-WAY
Chapter 8 CITY COURT*
Chapter 9 PUBLIC SAFETY COMMUNICATIONS*
Chapter 10 CIVIL SERVICE--HUMAN RESOURCES*
Chapter 10A COMMUNITY AFFAIRS
Chapter 10B HOUSING AND COMMUNITY DEVELOPMENT*
Chapter 10C RESERVED*
Chapter 11 CRIMES AND OFFENSES*
Chapter 11A GENERAL SERVICES DEPARTMENT*
Chapter 11B PLANNING AND DEVELOPMENT SERVICES DEPARTMENT*
Chapter 12 ELECTIONS*
Chapter 12A BUSINESS SERVICES DEPARTMENT
Chapter 13 FIRE PROTECTION AND PREVENTION*
Chapter 14 LABOR ORGANIZATION AND EMPLOYEE ASSOCIATION ELECTION PROCEDURE, MEET AND CONFER AND MEET AND DISCUSS*
Chapter 15 ENVIRONMENTAL SERVICES DEPARTMENT*
Chapter 16 NEIGHBORHOOD PRESERVATION*
Chapter 17 HUMAN RELATIONS*
Chapter 18 SELF-INSURED RISK PROGRAM AND TRUST FUND*
Chapter 19 LICENSES AND PRIVILEGE TAXES*
Chapter 20 MOTOR VEHICLES AND TRAFFIC*
Chapter 21 PARKS AND RECREATION*
Chapter 22 PENSIONS, RETIREMENT, GROUP INSURANCE, LEAVE BENEFITS AND OTHER INSURANCE BENEFITS*
Chapter 23 LAND USE CODE*
Chapter 23A DEVELOPMENT COMPLIANCE CODE*
Chapter 23B UNIFIED DEVELOPMENT CODE*
Chapter 24 SEWERAGE AND SEWAGE DISPOSAL*
Chapter 25 STREETS AND SIDEWALKS*
Chapter 26 FLOODPLAIN, STORMWATER, AND EROSION HAZARD MANAGEMENT*
Chapter 27 WATER*
Chapter 28 TUCSON PROCUREMENT CODE*
ARTICLE I. GENERAL PROVISIONS*
ARTICLE II. PROCUREMENT DIRECTOR AUTHORITY*
ARTICLE III. SOURCE SELECTION AND CONTRACT FORMATION*
ARTICLE IV. SPECIFICATIONS*
ARTICLE V. PROCUREMENT OF PROFESSIONAL DESIGN SERVICES AND CAPITAL IMPROVEMENTS*
ARTICLE VI. CONTRACT TERMS AND CONDITIONS*
ARTICLE VII. COST PRINCIPLES*
ARTICLE VIII. MATERIALS MANAGEMENT*
ARTICLE IX. LEGAL AND CONTRACTUAL REMEDIES*
Sec. 28-75. Definitions.
Sec. 28-76. Authority of the contract officer.
Sec. 28-77. Right to protest.
Sec. 28-78. Filing of a protest.
Sec. 28-79. Time for filing protests.
Sec. 28-80. Stay of procurements during the legal due process.
Sec. 28-81. Confidential information.
Sec. 28-82. Decision by the contract officer on a protest.
Sec. 28-83. Remedies for a protest.
Sec. 28-84. Appeals to the director.
Sec. 28-85. Notice of appeal.
Sec. 28-86. Reserved.
Sec. 28-87. Contract officer report on an appeal.
Sec. 28-88. Remedies for an appeal of a protest.
Sec. 28-89. Dismissal before hearing.
Sec. 28-90. Hearing.
Sec. 28-91. Filing of a contract claim.
Sec. 28-92. Contract officer’s decision on a contract claim.
Sec. 28-93. Issuance of a timely decision on a contract claim.
Sec. 28-94. Appeals on a contract claim to the director.
Sec. 28-95. City claims against a contractor.
Sec. 28-96. Hearing.
Sec. 28-97. Mediation.
Sec. 28-98. Arbitration.
Sec. 28-99. Authority to debar or suspend.
Sec. 28-100. Debarment or suspension causes.
Sec. 28-101. Matters not proper for debarment or suspension.
Sec. 28-102. Initiation of debarment.
Sec. 28-103. Period of debarment.
Sec. 28-104. Notice.
Sec. 28-105. Notice to affiliates.
Sec. 28-106. Imputed knowledge.
Sec. 28-107. Suspension.
Sec. 28-108. Period and scope of suspension.
Sec. 28-109. Suspension notice, hearing, determination and appeal.
Sec. 28-110. Reinstatement.
Sec. 28-111. Limited participation.
Sec. 28-112. Master list for suspension and debarment.
Sec. 28-113. Hearing procedures.
Sec. 28-114. Hearing officer’s decision.
Sec. 28-115. Reserved.
Sec. 28-116. Reserved.
Sec. 28-117. Judicial review of protests, claims, debarments or suspensions.
Sec. 28-118. Exclusive remedy.
Secs. 28-119--28-125. Reserved.
ARTICLE X. COOPERATIVE PURCHASING*
ARTICLE XI. RESERVED
ARTICLE XII. AFFIRMATIVE ACTION BY CITY CONTRACTORS
ARTICLE XIII. SMALL BUSINESS ENTERPRISE PROGRAM*
ARTICLE XIV. LIVING WAGE
ARTICLE XV. CONTRACT REQUIREMENTS FOR THE MITIGATION OF HEAT- RELATED ILLNESSES AND INJURIES IN THE WORKPLACE
ARTICLE XVI. PREVAILING WAGE
Chapter 29 ENERGY AND ENVIRONMENT
Chapter 30 DEPARTMENT OF TRANSPORTATION*
DISPOSITION TABLE - 1953 CODE
CODE COMPARATIVE TABLE
Tucson, AZ Unified Development Code
Tucson Administrative Directives
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Sec. 28-113. Hearing procedures.
   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. Hearing officer’s decision.
   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)
Sec. 28-115. Reserved.
Sec. 28-116. Reserved.
Sec. 28-117. Judicial review of protests, claims, debarments or suspensions.
The decision of the hearing officer in a protest (section 28-77 et seq.), claim (section 28-91 et seq.), debarment (section 28-99 et seq.), or suspension (section 28-99 et seq.) under this chapter is subject to special action review to superior court by any party to the proceeding. Exhaustion of the procedures set forth in this Code shall be a condition precedent to seeking judicial review and the party seeking review shall file the special action within thirty (30) days of a final decision by the hearing officer.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-118. Exclusive remedy.
Notwithstanding any law to the contrary, this article shall provide the exclusive procedure for asserting a claim or cause of action against this city arising in relation to any procurement conducted under this chapter.
(Ord. No. 10404, § 1, 5-15-07)
Secs. 28-119--28-125. Reserved.
ARTICLE X.
COOPERATIVE PURCHASING*
__________
*   Editors Note: See editor's note at Art. I.
__________
Sec. 28-126. Definitions.
In this article, unless the context otherwise requires:
   Sec. 28-126(1). "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit.
   Sec. 28-126(2). "Local public procurement unit" means the same as that term in A.R.S. section 41-2631.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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