§ 2.12.110. Debarment hearing procedure.

A.

Right to Hearing.

1.

All respondents subject to debarment pursuant to this chapter shall be entitled to a hearing at the date, time and place set forth in the notice.

2.

The respondent may elect to waive its right to a hearing and rely solely on a written response. If the respondent elects to waive its right to a hearing, such waiver must be clearly stated in the respondent's response. If respondent fails to file a written response as required under Subsection 2.12.070 A., the allegations of the City shall be deemed admitted, and an order of default shall be entered pursuant to Subsection 2.12.070 A.4.

3.

The Debarment Hearing Board shall perform no independent collection of evidence and shall render a decision based on the evidence as submitted by the parties, although the Debarment Hearing Board may take judicial notice of common, uncontested facts.

B.

Conduct of Hearing.

1.

The hearing shall be informal in nature and members of the Debarment Hearing Board may ask questions at any time.

2.

The hearing shall proceed with all reasonable speed. The Debarment Hearing Board may order the hearing be recessed for good cause, stated on the record. The Hearing Board may, for convenience of the parties, or in the interest of justice, order that the hearing be continued or extended to a later date.

C.

Representation of the Parties.

1.

The City may be represented by a member of the staff of the Office of the City Attorney and/or by an attorney assigned by the Office of the City Attorney, as may be appropriate in a particular case.

2.

The respondent may be represented at the hearing as follows:

a.

Individuals may appear on their own behalf;

b.

A member of a partnership or joint venture may appear on behalf of the partnership or joint venture;

c.

A bona fide officer may appear on behalf of a corporation or association upon a showing of adequate authorization;

d.

An attorney who submits a notice of appearance and representation with the Debarment Hearing Board may represent the respondent; or

e.

An individual not included within subsections 2.a. through 2.d. may represent the respondent upon an adequate showing, as determined by the Debarment Hearing Board, that the individual possesses the legal, technical or other qualifications necessary to advise and assist in the presentation of the respondent's case.

D.

All testimony provided at the hearing shall be under oath.

E.

At the request of either the respondent or the City, the proceedings shall be transcribed by an authorized court reporter. The cost of the transcript of the proceedings shall be paid by the party requesting the transcript, or in the event both parties request the transcript, the cost shall be divided evenly between them.

(Ord. No. 12926, § 1, 5-5-2009)