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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-7. MINORITY BUSINESS ENTERPRISES |
Section 27-708. HEARING PROCEDURES
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708.1Hearings held in connection with denials of recertification and revocation of certification shall be conducted in accordance with the procedures set forth in this section.
708.2Upon receipt of a request for hearing the Commission shall set a date for the hearing and shall give the party requesting the hearing at least thirty (30) days written notice of the date and time set for the hearing, provided that a party may waive the right to a full thirty (30) days notice of the hearing by stating that such right is waived in the request for hearing. If the right to thirty (30) days notice is waived, the Commission shall inform the MBE or joint venture of the hearing date and time at least ten (10) days prior to the hearing.
708.3The Commission shall have the power to issue subpoenas to compel the attendance of persons and the production of documents;
708.4MBE's against which charges have been made shall have the right to be represented by counsel, present evidence and witnesses, and cross-examine adverse witnesses;
708.5All hearings shall be open to the public.
708.6An electronic recording of the hearing shall be made which shall be a part of the official record of the proceedings. A copy of the recording shall be made available to the MBE without charge, upon request.
708.7All testimony shall be given under oath or affirmation.
708.8Any person may be excluded from the hearing for conduct which interferes with the hearing process.
708.9The rules of evidence shall not strictly apply; however, the Commission shall have the power to exclude irrelevant or repetitive evidence or testimony.
708.10The official record of the hearing shall consist of the following:
(a)Notice of the hearing;
(b)The written submissions of the MBE, if any;
(c)The report(s) of the Commission staff upon which the charges or denial is based;
(d)Any briefs and proposed findings and conclusions filed by the parties;
(e)Exceptions to proposed findings and conclusions; and
(f)The electronic recording of the hearing.
708.11The Commission may require the parties to a formal hearing to submit proposed findings of fact and conclusions of law within a specified time after the close of the formal hearing. If the proposed findings and conclusions are received, each party shall receive a copy of the adverse party's filing and shall have an opportunity to file exceptions.
708.12The Commission's final decision shall be based upon the record of the hearing and a decision to revoke the certification of an MBE shall be supported by a preponderance of the evidence.
708.13The final decision of the Commission must be issued in writing within ninety (90) days of the date on which the charges were adopted or notice of denial of recertification issued by the Commission.