§ 2.12.070. Documents submitted to the debarment hearing board.

A.

Contractor (Respondent) Response.

1.

The respondent shall submit to the Debarment Hearing Board, and serve in accordance with Section 2.12.080, a response to the notice of proposed debarment not later than 30 days of receipt which shall:

a.

State whether the respondent will appear at the hearing;

b.

Respond to the allegations of the City. Allegations contained in the City's notice to the respondent may be deemed admitted by the Debarment Hearing Board when not specifically denied in the respondent's response.

2.

The response may set forth any affirmative defenses and evidentiary support therefore to the City's allegations. Respondent must set forth any affirmative defense in which it intends to rely in the response.

3.

If the respondent intends to waive its right to a hearing and rely solely on the response in support of its position, the response must clearly state such intention. Failure to clearly state such intention may be deemed a waiver of the respondent's defenses to the debarment action if the respondent does not appear at the hearing.

4.

In the event that the respondent fails to file a written response not later than 30 days of receipt of the City Administrator's notice of proposed debarment in accordance with this section, the allegations of the City may be deemed admitted, the Debarment Hearing Board may enter an order of default and transmit it to the City Administrator. The City Administrator's decision shall thereafter issue, with service on the parties.

B.

Reply by the City. The City may submit to the Debarment Hearing Board and serve in accordance with Section 2.12.080, a reply to the respondent's response not later than 30 days after receiving the respondent's response.

C.

Stipulations. The parties are encouraged to meet and resolve as many matters as possible by stipulated agreement prior to the hearing. The parties may stipulate as to any relevant matters of fact or law. Stipulations may be received in evidence at the hearing, and when received shall be binding on the parties with respect to the matter stipulated.

D.

Document and Submission Requirements.

1.

An original and one copy of all documents to be presented to the Debarment Hearing Board and copies of all documents served on said Board shall be served simultaneously on the opposing party at the specific location designated on the notice of debarment in accordance with Section 2.12.080.

2.

All documents required or permitted under this chapter, in addition to being served on Debarment Hearing Board in accordance with this section, shall be served upon:

a.

The Office of the City Administrator at One Frank Ogawa Plaza, 3rd Floor, Oakland, CA 94612;

b.

The respondent or respondent's representative;

3.

Documents served in accordance with this section and Section 2.12.080 shall state clearly the party's name and the title of the document. All documents should be typewritten or printed in clear, legible form.

(Ord. No. 12926, § 1, 5-5-2009)