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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 27-8. LOCAL, SMALL AND DISADVANTAGED BUSINESS ENTERPRISES CONTRACTING |
Section 27-818. OPPORTUNITY FOR A HEARING: REVOCATION AND DENIAL
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818.1 A CBE may request a hearing in response to any action taken by the Commission to revoke its certification.
818.2 The procedures described in §§ 818.2 through 818.6 of these regulations shall apply to a CBE when the certificate of registration is revoked. The Commission shall give the CBE written notice of an opportunity for a hearing prior to the revocation of its registration. The Commission shall serve on the CBE such notice, which shall set forth the following:
(a) The action;
(b) The basis for the action in the Act or this chapter;
(c) A brief summary of the deficiencies or factual allegations in support of the action; and
(d) A statement which informs the CBE that the Commission’s decision will be final unless the CBE:
(1) Submits a written request for a hearing in the manner provided in the notice within ten (10) days after service of the notice; and
(2) Appears at the hearing.
818.3 A CBE shall request a hearing in writing and serve the request on the Department within ten (10) days of the service of the notice for revocation of registration. A request for a hearing timely received by the Department shall stay the revocation of the certificate of registration until resolution of the matter.
818.4 The Commission shall, within twenty (20) days following receipt of a request for a hearing by a CBE, notify the CBE in writing of the date, time, and place of the hearing as well as the rights of the CBE at the hearing. The notice shall be provided at least thirty (30) days prior to the hearing, unless the Commission, the Department, and the CBE agree to an earlier hearing date.
818.5 A CBE entitled to a hearing has the following rights:
(a) To be represented by an attorney;
(b) To present relevant evidence, including the testimony of witnesses and the submission of documents;
(c) To rebut all opposing evidence, including the cross-examination of all opposing witnesses on any matter relevant to the issues; and
(d) To have subpoenas issued to compel the attendance of witnesses and the production of relevant documents.
818.6 If a CBE does not timely respond to a notice or appear at the scheduled hearing, the Commission's revocation action shall be final.
818.7 The procedures described in §§ 818.7 through 818.11 of these regulations shall apply to an applicant for certification whose certification application has been denied. The Department shall serve written notice of the denial on the applicant, which shall include the following:
(a) The basis for the denial in the Act or these regulations;
(b) A brief summary of the deficiencies or factual allegations in support of the action; and
(c) A statement which informs the applicant that he or she may appeal the Department’s decision by submitting a written request to the Commission for a hearing within twenty (20) days after service of the notice, along with a written response addressing the basis for the denial.
818.8 The Commission shall deny the request for the appeal if the applicant fails to timely respond to the Department’s notice or fails to respond with sufficient specificity for the Commission to determine that there is a genuine issue of material fact that is in dispute or an interpretation of law that needs to be addressed by the Commission.
818.9 The Commission shall notify the applicant of his or her rights, as described in § 818.5, and of the date, time, and place of the hearing.
818.10 An applicant is entitled to the rights in § 818.5 for a hearing on the denial of certification by the Department.
818.11 Any decision issued by the Commission will be final for the purposes of judicial review in accordance with § 828.