(a) Whenever the EEC determines a contractor to be in violation of a provision of this chapter, he shall issue a written notice setting forth a statement of the violation(s) and ordering correction of the violation(s) . Such notice shall also contain an explanation of the procedures set forth in this section. Such written notice shall be served upon the contractor at such contractor's last known address by certified mail or personal delivery. Any contractor taking exception to the notice of the EEC first shall attempt, within seven days (exclusive of Saturdays, Sundays and holidays) after service of the written finding, to informally reconcile the situation with the EEC.
(b) If, after attempting to reconcile the violation by informal means, the EEC determines that such cannot occur, a contractor may, within seven days (exclusive of Saturdays, Sundays and holidays) after written notice of such determination, file a written appeal with the Director of Public Service and Safety. Thereupon, the EEC shall, within seven days, forward to said Director all documents, if any, relating to the determination being appealed, together with recommendation of appropriate remedial action to be taken.
(c) The Director shall serve written notice, by certified mail or personal delivery, upon the appellant, of the date, time and place of the hearing on said appeal which hearing shall be held within ten days (exclusive of Saturdays, Sundays, and holidays) of the filing of the appeal provided that such hearing notice must be served on the appellant not less than five days (exclusive of Saturdays, Sundays and holidays) prior to the hearing date set. The Director may grant one continuance of an appeal hearing, upon written application therefor by the appellant and for good cause shown, which continuance shall not exceed twenty days (exclusive of Saturdays, Sundays and holidays).
(d) If the EEC, or his designee, fails to appear at the hearing, the Director will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the Director may hear argument on behalf of the EEC. If neither party appears, the appeal will be decided on any information then before the Director.
(e) Within five days (exclusive of Saturdays, Sundays and holidays) from the conclusion of the hearing, the Director shall render his decision, in writing, to all parties. The Director may order any appropriate relief, including recission or cancellation of contract and/or removal from certification or bidders' listing. The decision of the Director shall be considered and deemed to be a final administrative order and the party adversely affected thereby may seek judicial review in accordance with law.
(Ord. 10710/94. Passed 9-28-94.)