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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 200. Enterprise Services, Department of |
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Chapter 200-305. Debarment procedures. |
Section 200-305-080. Hearing on recommended debarment.
Latest version.
- (1) The director may hear the appeal personally or may delegate the authority to hold the hearing and draft a proposed decision to another person or to an administrative law judge pursuant to chapter 34.12 RCW. The reviewing official, on behalf of the department, shall be the petitioner in the hearing, and the contractor and affiliates shall be the respondents.(2) The reviewing official shall have the burden of proving the basis for the cause for debarment and the debarment period as set forth in the notice for recommended debarment.(3) The hearing shall be conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW and to the extent not covered in this chapter, by the uniform procedural rules in chapter 1-08 WAC.(4) If the director presides over the hearing, the director shall issue a final decision in writing that includes findings of fact, conclusions of law, and, if appropriate the debarment period. The director shall cause service of the final decision on all parties.(5) If the director's delegate or an administrative law judge presides over the hearing, she or he shall issue a proposed decision that includes findings of fact, conclusions of law and if appropriate the debarment period. The proposed decision shall also include instructions on how to file objections and written arguments or briefs with the debarring official. Objections and written arguments and briefs must be filed within twenty (20) days from the date of receipt of the proposed decision.(6) The parties shall agree to the method of service, as defined in WAC 200-305-010(14) for the proposed decision.
Rules
1-08,200-305-010,