§ 102-439. Appeals.

(a)

Availability. Any bidder, contractor or vendor or other party aggrieved by the provisions of this Code section may appeal said grievance or grievances to the director of the department of purchasing and contract compliance, as provided herein. By these provisions, it is the intent of the board to ensure all parties basic guarantees of due process consisting of the right to be heard by an impartial trier of fact; and the same are hereby so guaranteed.

(b)

Appealable matters. Upon a denial of certification by the director of the department of purchasing and contract compliance shall notify the affected party in writing and by registered mail, (hereinafter, "notice of determination") setting forth with particularity the reasons for the determination.

(c)

Time for filing notice of appeal. Any party who has a grievance under this Code section regarding a certification denial determination of non-responsiveness, noncompliance or discrimination may appeal an adverse decision by filing a written notice of appeal with the director of the department of purchasing and contract compliance within seven calendar days of receipt of the notice of determination, but no later than 15 days after the determination or within seven days of notice.

(d)

Notice of hearing. Upon receipt of the notice of appeal from the aggrieved party, the director of the department of purchasing and contract compliance shall forward the notice to a contract compliance hearing officer (hereinafter "hearing officer") within ten business days of receipt. Within ten business days of the date of receipt of the notice of appeal from the director of the department of purchasing and contract compliance, the hearing officer shall set the matter for hearing, which hearing shall be held not more than 30 business days from the date the hearing officer received the notice of appeal. The hearing officer shall cause a written notice of hearing to be served upon all parties by registered mail, which shall state the date, time and place of hearing. Said notice shall also inform the parties of due process rights and relevant procedural matters.

(e)

Hearing. At the hearing, all parties shall be provided a full and fair opportunity to be heard. Each party may be represented by counsel. Each party may present documentary evidence and the testimony of witnesses and shall have the right to object to the introduction of documents and to cross examine opposing witnesses. Although formal rules of evidence shall not apply, the hearing officer shall cause a record to be made of the proceeding through the use of a court reporter or by way of electronic tape recording with subsequent transcription.

(f)

Decision. Within seven days of the conclusion of the hearing, and based upon a preponderance of the evidence presented, the hearing officer shall render a written decision (i.e., an "order") which shall contain findings of fact, conclusions of law, and a deposition, nonresponsiveness, discrimination or denial of MFBE certification of the department of contract compliance or the purchasing agent.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. II, § 102-472.