§ 28.10. HEARINGS AND DETERMINATIONS.

Hearings may occur in person or in writing, as set forth in the foregoing Section 28.09. If the hearing is to occur in person, the hearing officer shall specify the time and place for the charging official to present the case and for the contractor to rebut the charges. The hearing officer may, in his/her sole discretion, allow offers of proof, set time limitations and limit the scope of evidence presented based on relevancy. Each side shall be entitled to call witnesses, and the hearing officer may allow cross-examination of witnesses. The hearing officer may ask questions of any party for the purpose of reaching a determination.

The hearing officer shall consider the evidence submitted by the charging department and the contractor. Within 15 days of the hearing, or of the date final written presentations are due, the hearing officer shall issue his/her Findings and Recommendation. The hearing officer shall serve the Findings and Recommendation on the charging official, the named contractor(s), and/or their respective counsels or authorized representatives, and shall submit the same to the Controller.

If the hearing officer finds that the named contractor has committed willful misconduct as described in the foregoing Section 28.3 and recommends a term of debarment, the charging official shall issue an Order of Debarment consistent with the hearing officer's recommendation. The charging official shall serve the Order on each named contractor, his/her/their counsel or authorized representative, if any, the City Attorney, and the Controller. An Order of Debarment under this Chapter shall be the final administrative determination by the City in the matter.

(Added by Ord. 8-04, File No. 031503, App. 1/16/2004)