§ 324-35. Request for Reconsideration and Appeal of Denial of Certification.

(a)

Noncompliance and Denial of Certification. Upon a denial by the director of certification or recertification as an MBE or WBE, 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 denial of certification or recertification.

(b)

Request for Reconsideration.

(1)

Any applicant who has been denied certification or recertification as an MBE or WBE, or whose certification has been revoked, may request the director to reconsider the denial or revocation by filing a written request for reconsideration with the director, which request shall state with specificity the factual grounds supporting certification or recertification, within fourteen days of the date of mailing the notice of denial of certification or recertification.

(A)

In the event such a notice 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 U.S. mail is not returned as undeliverable within ten days, the notice shall be presumed to have been delivered and a request for reconsideration must be filed with the director in writing within ten days of the date the notice was mailed.

(B)

The request for reconsideration may be accompanied by any supporting documents the applicant believes supports approval of the application for certification or recertification or supports continued certification.

(2)

Within thirty days of receipt of a request for reconsideration, the director must review the request and all relevant documents submitted in support thereof and render a written decision that states with specificity the reasons for the decision, which decision shall be sent by certified mail to the address provided by the applicant on the application.

(3)

If, upon reconsideration, the director affirms the denial of certification or recertification or affirms the revocation of certification, the applicant may request a hearing before the certification appeals board by filing a notice of appeal with the director within fourteen days of the date of mailing the notice of decision on reconsideration. In the event such a notice 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 U.S. mail is not returned as undeliverable within ten days, the notice shall be presumed to have been delivered and a request for hearing must be filed with the director in writing within ten days of the date the notice was mailed.

(c)

Certification Appeals Board. The city manager shall establish a certification advisory board for the purpose of reviewing and either affirming or overruling the director's disposition of an application for certification or recertification as an MBE or WBE or the director's revocation of certification. The board shall be comprised of five members, one of whom shall be appointed by the mayor and four of whom shall be appointed by the city manager. The members must be knowledgeable about the city's procurement laws, rules and regulations, and procedures, including this chapter, and shall serve for a period of two years. A chairperson shall be elected by the members of the board. Included on the board shall be:

(1)

At least one member with demonstrated experience in the field of finance and accounting;

(2)

At least one member with demonstrated experience in the field of construction;

(3)

At least one member with demonstrated experience with MBE and WBE matters; and

(4)

At least one member with demonstrated legal experience with business associations and business structures.

(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 certification appeals board.

(2)

The board shall set a hearing date not more than 28 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. The notice shall also state the date, time, and place of the hearing. If the certified mail notice is returned as refused or unclaimed, the notice of hearing shall be mailed by regular U.S. mail, postage pre-paid, and will be deemed to have been received if it is not returned as undeliverable within ten days of mailing.

(3)

All parties shall be provided a fair and impartial hearing and shall be allowed to produce any and all evidence that supports and substantiates the information submitted with the application for certification or recertification.

(e)

Decision. Within seven days of the conclusion of the hearing, the board shall render its decision on the disposition of the appeal, which decision shall be to affirm, modify, or reverse the denial of certification or recertification or the revocation of certification by the director, and shall state the reason(s) for such decision. The board shall decide whether the determination of certification or revocation being appealed was in accordance with the law. If the board finds for the applicant, the business shall be certified or recertified as an MBE or WBE and added to the appropriate certification list maintained by the department. The decision of the board shall be final, subject to the right of further appeal as may be provided by law.

(Ordained by Ord. No. 308-2015, § 1, eff. Jan. 1, 2016)