(1) A
contracting firm which has been notified by the secretary that the department
is contemplating suspending or revoking its qualification, may request in
writing within twenty calendar days of the date of notification by certified
mail, that a hearing be conducted. Unless the department is otherwise
prohibited from contracting with the contractor, the suspension or revocation
shall not become effective until the final decision of the secretary has been
rendered. The hearing shall be conducted in accordance with the procedure set
forth in this section.
(2) The
secretary shall designate a hearing official to conduct any hearing held under
this chapter. The hearing official shall furnish written notice by certified
mail of a hearing to the contractor and any named affiliates at least twenty
calendar days before the effective date of suspension or revocation of
qualifications. The notice shall state:
(a)
That suspension or revocation of qualification is being considered.
(b) The effective date of the proposed
action.
(c) The facts giving cause
for the proposed action.
(d) The
cause or causes relied upon for proposing the action, i.e., fraud, statutory
violations, etc.
(e) If suspension
is proposed, the duration of the suspension.
(f) That the contractor may, within twenty
calendar days of receipt of the notice, submit to the hearing official by
certified mail, return receipt requested, information and argument in
opposition to or in clarification of the proposed action.
(g) When the action is based on a conviction,
judgment, or admission, fact-finding shall be conducted if the hearing official
determines that the contractor's submission raises a genuine dispute over
material facts upon which the suspension or revocation is based or whether the
causes relied upon for proposing suspension or revocation exist.
(h) The time, place, and date of the
hearing.
(i) The name and mailing
address of the hearing official.
(j) That proposals shall not be issued nor
contracts awarded to the contractor subsequent to the dispatch of the notice of
hearing pending the final decision of the secretary.
(3) The hearing official may extend the date
of any hearing upon request of the contractor, but the hearing shall not be
extended beyond forty-five calendar days from the date of the notice of the
hearing. The hearing official shall schedule and conduct the hearing within
thirty calendar days of the date of the notice, except when an extension is
granted as provided in this subsection.
(4) In the course of the hearing, the hearing
official shall:
(a) Regulate the course and
scheduling of the hearings;
(b)
Rule on offers of proof, receipt of relevant evidence, and acceptance of proof
and evidence as part of the record;
(c) Take action necessary to insure an
orderly hearing; and
(d) At the
conclusion of the hearing, issue written findings of fact and recommended
administrative action to the secretary. The hearing officer shall deliver the
entire record to the secretary.
(5) The contractor shall have the opportunity
to be present and appear with counsel, submit evidence, present witnesses, and
cross-examine all witnesses. A transcribed or taped record shall be made of the
hearing unless the secretary and the contractor waive the transcript or taping
requirement. The transcript or tape shall be made available, at cost, to the
contractor and all named affiliates upon request.
In actions where it has been established by conviction,
judgment or admission, or where it has been established by findings made in
accordance with this chapter, that the named contractor has engaged in conduct
described in WAC
468-16-050 and the sole issue
before the hearing official is the appropriateness of revocation of
qualification or the length of suspension of qualification to be recommended to
the secretary, prior judicial or administrative decision or findings shall not
be subject to collateral attack.
The secretary, after receiving the record, findings of fact,
and recommendations of the hearing official shall determine the administrative
action to be taken. The secretary shall notify the contractor of his
determination in writing.
Upon denial, suspension or revocation of prequalification, the
respondent may appeal therefrom to the superior court of Thurston County
pursuant to
RCW
47.28.070. If the appeal is not made within
the time prescribed in that statute, the department's action shall be
conclusive.
