Section 27-2216. SUSPENSION PROCEEDINGS

 

2216.1In actions not based on an indictment, if the Director finds that the contractor's submission in opposition to the suspension raises a genuine issue of fact material to the suspension, and if no determination has been made, on the basis of the advice of the Attorney General, that substantial interests of the District in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced, the Director shall do the following:

 

(a)Afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and confront any of the District's evidence or testimony; and

 

(b)Make an electronic record of the proceedings, and make a copy or transcription of the record available at cost to the contractor upon request.

 

2216.2When a contractor or any specifically named affiliate is suspended, the suspended parties shall be immediately advised by certified mail, return receipt requested, of the following:

 

(a)The basis for the suspension including whether the suspension is based on an indictment or other adequate evidence that the contractor has committed irregularities of a serious nature in business dealings with the District or seriously reflecting on the propriety of further District dealings with the contractor, provided that any irregularities shall be described in sufficient detail to place the contractor on notice without disclosing the District's evidence;
 

(b)That the suspension is for a temporary period pending the completion of an investigation and other legal proceedings that may follow;

 

(c)The causes, based on §2215.1 or the Act, relied upon for imposing the suspension;

 

(d)The effect of the suspension;

 

(e)That, within thirty (30) working days after receipt of the notice, the contractor may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension, including any additional specific information that raises a genuine issue of material fact;

 

(f)That additional proceedings to decide issues of material fact will be conducted unless the action is based on an indictment or a determination is made, on the basis of advice of the Attorney General, that the substantial interests of the District in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced; and

 

(g)That the suspended contractor has the right to judicial or administrative review as provided in the Act.

 

2216.3In an action based on an indictment in which the contractor's submission does not raise any genuine issue of material fact, or in which additional proceedings to determine disputed material facts have been denied on the basis of the advice of the Attorney General, the Director's decision shall be based on all the information in the administrative record, including any submission made by the contractor.

 

2216.4In actions in which additional proceedings are necessary to decide issues of material fact, the Director shall prepare written findings of fact. The Director shall base the suspension decision on the facts as found, information and argument submitted by the contractor, and any other information in the administrative record.

 

2216.5The Director's decision shall modify or terminate the suspension, or leave the suspension in force. Written notice of the Director's decision shall be sent promptly to the contractor and any affiliates involved by certified mail, return receipt requested.

 

2216.6Suspension shall be for a temporary period pending the completion of investigation and any legal proceedings, unless the suspension is terminated sooner by the Director.
 

2216.7If legal proceedings are not initiated within twelve (12) months after the date of the suspension notice, the suspension shall automatically terminate, unless the Attorney General requests an extension, in which case the suspension may be extended for an additional six (6) months. In no event shall a suspension extend beyond eighteen (18) months, unless legal proceedings have been initiated within that period.

 

2216.8The Director shall notify the Attorney General of the automatic termination date of a suspension at least thirty (30) working days before the twelve (12) month period expires, in order to give the Attorney General an opportunity to request an extension.

 

source

Final Rulemaking published at 35 DCR 1538 (February 26, 1988).