Part 6 — ADMINISTRATIVE HEARING

A.

The Contractor must make a timely, written request for an administrative hearing if the Contractor wants to contest the notice issued by the Debarring Official in accordance with Section 4.10.205.

B.

The Contractor must serve the request for an administrative hearing on the City Clerk, with a copy to the Debarring Official, on or before fifteen (15) Days of receiving the notice issued in accordance with Section 4.10.205.

(Ord. 30733.)

The Contractor is deemed to have consented to Debarment and is automatically debarred in accordance with the notice of proposed Debarment (as it may have been amended by the notice issued in accordance with Section 4.10.205), if the Contractor:

A.

Fails to request a hearing in accordance with Sections 4.10.215, or

B.

Fails to appear at a requested hearing that has been duly noticed.

(Ord. 30733.)

A.

After receiving the Contractor's request for a hearing, the Debarring Official must request the City Manager to appoint a hearing officer. If the City Manager is the Debarring Official, the City Manager will request a Council appointee to appoint a hearing officer.

B.

The selected hearing officer must meet the following requirements:

The individual was not involved in awarding, executing, administering or managing any Contract that is the basis of the Debarment proceeding.

The individual was not involved in the investigation or decision leading to the notice of proposed Debarment.

C.

The individual appointed as the hearing officer has the authority to make an independent decision based on the facts, evidence and arguments presented by the Debarring Official and the Contractor.

(Ord. 30733.)

A.

The Contractor and the Debarring Official will be given written notice of the person appointed as the hearing officer.

B.

The Contractor or the Debarring Official can object, in writing, to the appointed hearing officer within five (5) business days of the notification. The writing must include the reason(s) for the objection.

C.

If an objection is made to the appointed hearing officer, the City representative who appointed the hearing officer will do one of the following:

Reject the objection and provide the reasons for this decision, or

Provide the Contractor and the Debarring Official with written notice of the appointment of a new hearing officer.

(Ord. 30733.)

A.

The hearing officer will notify the Contractor and Debarring Official of the scheduled hearing date, time and place.

The hearing officer has sole discretion over setting the hearing date, provided that the date must be within ninety (90) Days of the Debarring Official's notice provided in accordance with Section 4.10.205.

The hearing officer can extend the deadline for holding a hearing only upon good cause shown.

B.

Discovery pursuant to the California Code of Civil Procedure and the formal rules of evidence are not applicable to this administrative procedure.

C.

The hearing officer has the sole discretionary authority to direct the Contractor and the Debarring Official to submit in advance of the hearing statements, legal analyses, lists of witnesses, exhibits, documents or any other information the hearing officer deems pertinent.

The hearing officer can request the respective parties to submit rebuttals to such information.

The hearing officer can limit the length, scope, or content of any such statement, analysis, list, rebuttal, document, or other requested information.

The hearing officer will set firm due dates for the submission of all written information.

A.

The hearing officer can conduct the hearing in person or on an electronic meeting platform if the officer deems that to be necessary.

B.

The Debarring Official will present evidence and argument in support of the Debarment. The Contractor can present evidence and argument in defense and/or in mitigation of the Debarment.

C.

Each side is entitled to call witnesses, and the hearing officer can allow cross-examination of witnesses.

D.

The hearing officer can ask questions of any party and of any witness.

E.

The hearing officer has the sole discretion to allow offers of proof, set time limits on arguments and rebuttal arguments, limit the number of witnesses based on relevancy, limit the testimony of witnesses as to substance and time, and otherwise limit the scope of evidence presented based on relevancy.

(Ord. 30733.)

A.

Notwithstanding anything to the contrary in Sections 4.10.235 and 4.10.240, the hearing officer can conduct the hearing by written presentation only if:

The Contractor and Debarring Official agree in writing the hearing will be solely by written presentation, or

The Debarment is based on a final conviction, civil judgment or administrative decision, or on material facts over which no genuine dispute exists.

B.

If the hearing is by written presentation only, the hearing officer must require the Contractor and Debarring Official to submit all documents no later than ninety (90) Days after the Debarring Official's notice provided in accordance with Section 4.10.205.

(Ord. 30733.)

A.

After considering all the arguments, facts and evidence, the hearing officer will issue a written decision. The decision will include findings and references to evidence supporting the hearing officer's conclusions. The decision must be supported by a preponderance of the evidence presented.

B.

If the decision is to impose Debarment, the decision must include an order of Debarment setting forth the effective date and term of the Debarment (not to exceed five (5) years), and any special conditions applying to the Debarment.

C.

The hearing officer's decision is the final administrative determination by the City in the matter.

(Ord. 30733.)

The hearing officer must serve the hearing officer's decision on the Contractor and the Debarring Official by hand delivery, by United States Postal Service certified mail return receipt requested or with other delivery confirmation, or by other commercial delivery service that provides written confirmation of delivery.