(a) The Office of Economic Development and the City Human Relations Commission may revoke or suspend the certificate of registration of any enterprise registered who is found guilty of any of the following conditions:
(1) Fraud or deceit in obtaining the registration;
(2) Furnishing of inaccurate or incomplete ownership or financial information;
(3) Failure to report changes which affect the requirement for certification;
(4) Gross negligence, incompetence, financial irresponsibility or misconduct in the performance of a contract with the City; or
(5) Willful violation of any provision of this article or regulations adopted pursuant to this article.
(b) Any person may file with the Commission a complaint alleging a violation of this article against any applicant for registration or contractor registered pursuant to this article. The complaint shall be in writing and sworn to by the complainant. The Commission may, without a hearing, dismiss a complaint which is frivolous or otherwise without merit. Any hearing shall be heard within three months of the filing of the complaint. The Commission shall determine the time and place for the hearing. The Commission shall cause to be issued and served on the person or organization alleged to have committed the violation, hereinafter called the respondent, a written notice of the hearing together with a copy of the complaint at least thirty days prior to the scheduled hearing. Notice shall be served by registered or certified mail, return receipt requested, or by personal service. At the hearing the respondent shall have the right to appear personally or by a representative and to cross-examine witnesses and to present evidence and witnesses. The Commission shall have authority to issue subpoenas requiring the attendance of witnesses and to compel the production of records, papers and other documents. If, at the conclusion of the hearing, the Commission determines that the respondent has violated the provisions of this article, the Commission shall issue and cause to be served on the respondent, a decision and order, accompanied by findings of fact and conclusions of law, requiring the respondent's registration to be revoked or suspended, or take any other action as it deems appropriate.
(c) In addition to the penalties provided in subsection (b) hereof, the City Solicitor may bring a civil action against a business enterprise, and/or its directors, officers or principals, when there is reasonable basis to believe that certification has been obtained by fraud or deceit, and where there is a basis for asserting damages sustained by the City as a result of such fraud or deceit. In addition, the City Solicitor is hereby authorized to work in conjunction with, and with the approval of, the District Attorney's office in proceeding against any individual supplying false information, based upon the Pennsylvania Crimes Code section pertaining to unsworn falsification to public officials.
(Ord. 18-1993 Sec. 1. Passed 8-3-93.)