§ 323-23. Appeal.

(a)

Noncompliance and Denial of Certification. Upon a determination of noncompliance with the requirements of this chapter or a denial of certification or recertification as an SBE, SLBE or ELBE by the director, the director shall notify the affected party in writing by certified mail at the address provided by the applicant on the application, setting forth the reasons for the determination of noncompliance or denial of certification or recertification.

(b)

Time for Filing Notice of Appeal. Any applicant who has been denied certification or recertification as an SBE, SLBE or ELBE, or any person or entity against whom a determination of noncompliance with the requirements of this chapter has been found by the director may appeal the determination of noncompliance or denial of certification or recertification by filing a written notice of appeal with the director within fourteen days of the date of mailing the notice of the determination of noncompliance or denial of certification or recertification. In the event such a notice of determination that has been sent by certified mail is returned as refused or unclaimed, the director shall send the notice via regular U.S. mail, postage pre-paid, and, provided the notice sent by regular mail is not returned as undeliverable within ten days, the notice shall be presumed to have been delivered and a request for reconsideration of an adverse determination must be filed with the director in writing within ten days.

(c)

Contract Compliance Advisory Board. The city manager shall structure a contract compliance advisory board composed of five members, including representatives of the city, labor, SBEs, and citizens, all of whom shall be appointed by the city manager. The board shall make recommendations to the city manager for the disposition of appeals. Board members shall serve for a period of two years.

(d)

Notice of Hearing Date and Hearing.

(1)

Within three working days of receipt of a written notice of appeal, the director shall forward the notice to the contract compliance advisory board.

(2)

The board shall set a hearing date not more than twenty-eight days from the date of receipt of the notice of appeal forwarded by the director. The board shall cause notice of the hearing to be served upon all parties, by certified mail. Such notice shall set forth the adverse determination by the director from which the appeal was taken and the errors identified by the applicant or other aggrieved party, and shall also state the date, time, and place of the hearing. In the event such a notice of determination that has been sent by certified mail is returned as refused or unclaimed, the director shall send the notice via regular U.S. mail, postage pre-paid, and, provided the notice sent by regular mail is not returned as undeliverable within ten days, the notice shall be presumed to have been delivered.

(3)

All parties shall be provided a fair and impartial hearing but shall not be permitted to introduce any new evidence not previously submitted.

(e)

Decision. Within seven days of the conclusion of the hearing, the board shall make a written recommendation to the city manager or the city manager's designee on the disposition of the appeal, which recommendation shall be to affirm, modify, or reverse the determination of noncompliance or the denial of certification or recertification by the director, and shall state the reason(s) for such recommendation. The board shall advise whether the determination of noncompliance was in accordance with the law. If the city manager finds for the party denied certification or recertification by the director, the business shall be certified or recertified as an SBE, SLBE or ELBE and added to the appropriate certification list maintained by the department. If the city manager finds for the party for whom the director had made a determination of noncompliance with this chapter and the rules and regulations issued thereunder, the business shall be found in compliance with the requirements of this chapter and permitted to submit a bid or proposal in response to the city's solicitation if the submission deadline has not yet passed, and to continue to participate in the economic inclusion initiatives available for the firm's particular certification (SBE, SLBE, or ELBE). The decision of the city manager or the city manager's designee shall be final, subject to the right of further appeal as may be provided by law.

(f)

Notice of Decision. The city manager shall issue written notice of the decision on the appeal to all parties within ten days after receiving the recommendation of the board. The notice of the decision shall be sent to all parties by certified mail and shall set forth the reasons for the decision.

(Ordained by Ord. No. 307-2015, § 4, eff. Jan. 1, 2016)