Sec. 18-303. Appeals.
A. Upon a denial of certification or decertification as an SBE by the City Manager, the City Manager shall notify the business in writing by certified mail, setting forth the reasons for the denial of certification or decertification.
B. Any business that has been denied certification as an SBE or who has been decertified by the City Manager may appeal the decision by filing a written notice of appeal as designated by the City Manager within seven working days of receipt of the notice of the denial of certification or decertification. This written notice must state the reasons for the appeal.
C. Within three working days of receipt of the notice of appeal from the affected party, the City Manager shall forward the notice to a hearing officer.
D. The hearing officer shall:
1. Set a hearing date not more than 14 business days from the date of receipt of the notice from the City Manager.
2. Cause a notice of the hearing, which shall include the hearing date, time and place, to be served upon all parties by certified mail. Such notice shall set forth with particularity the reason for the appeal.
3. Conduct a hearing concerning the determination of noncompliance. At the hearing, all parties shall be provided a fair and impartial hearing and shall be allowed to produce any and all relevant evidence in either party’s possession concerning the determination of noncompliance with the requirements of this article or the denial of certification as an SBE. For the appeal, the burden of proof rests on the business to show that established criteria for SBE certification have been met.
4. Issue written notice of the decision on the appeal to all parties and shall affirm, alter, or reverse the denial of certification by the City. The notice of decision shall be sent to all parties by certified mail within 20 business days of the hearing and shall set forth the reasons for the decision.
E. If the decision on appeal reverses the denial of certification or alters the denial of certification in favor of the business, the business shall be certified as an SBE and added to the certification database maintained by the City. The decision of the hearing officer is final and shall be binding on all parties, subject to the right of appeal as provided by law. (Ord. No. G-5518, § 3, 2010; Ord. No. G-6742, § 3, 2020)