D.C. Mun. Regs. r. 27-2216

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-2216 - SUSPENSION PROCEEDINGS

2216.1

The Director shall initiate suspension proceedings by notifying the person and any specifically named affiliates by certified mail, return receipt requested, of the following:

(a) Reasons for the suspension in sufficient detail to put the person on notice of the conduct or transaction(s) upon which the suspension is based;

(b) Cause(s), as set forth in § 907(b) of the Act, D.C. Official Code § 2-359.07(b),or any other applicable statute, regulation or final decision relied upon for the suspension;

(c) That, within fifteen (15) calendar days after receipt of the notice, the person may submit, in person, in writing, or through a representative, information or written facts in opposition to the suspension, and request an informal meeting in person or by telephone, to present information or facts in opposition;

(d) The District's procedures governing suspension decision-making;

(e) The effect of the suspension; and

(f) That a fact-finding proceeding may be conducted; and

(g) That the District will not solicit offers from, award contracts to renew, extend contracts with, or consent to subcontracts with the person pending the completion of an investigation and any resulting judicial or administrative proceedings, unless sooner terminated by the Director.

2216.2

In response to the notice of suspension, the person may submit written information and facts in opposition or may schedule an informal in-person or telephonic meeting to present information and facts in opposition.All matters that a person wants considered must be presented in writing. Unless otherwise approved by the Director, this response must be made within fifteen (15) calendar days of receiving notice of suspension.

2216.3

The person, who may be represented or assisted by counsel, must address all defenses, contested facts, admissions, remedial actions taken, and mitigating factorsthat it wishes the Director to consider.

2216.4

The Director shall review all materials presented and determine whether or not the person has raised a genuine dispute regarding a material fact. A general denial of the allegations will not be sufficient to raise a genuine dispute over facts.

2216.5

In suspension actions based on an indictment in which the person's submission does not raise any genuine issue of material fact, or in which additional proceedings to determine disputed material facts have been denied on the basis of the advice of the prosecuting authority, the Director's decision shall be based on all the information in the administrative record, including any submission made by the person.

2216.6

In suspension actions not based upon an indictment, if the Director finds that the person's submission in opposition raises a genuine dispute over a fact material to the suspension, the Director shall then conduct an informal fact-finding proceeding at which the person or its counsel may present evidence and may call and question witnesses. The fact-finding proceeding shall be transcribed unless the person and the Director agree otherwise. The person may purchase a copy of the transcript.

2216.7

The fact-finding proceeding is an informal evidentiary hearing and the Rules of Evidence and Civil Procedure shall not apply. Documentary evidence will be taken into the record along with any testimony.

2216.8

Upon the conclusion of the fact-finding proceeding, the Director shall review the administrative record, prepare written findings of fact, and issue a written decision based on the facts as found.

2216.9

If the person fails to provide a response to the notice within the fifteen (15)day period, or arrange an extension of time, the Director shall make a final decision on the basis of the available information in the Director's possession.

2216.10

The Director shall issue a written decision within thirty (30) business days after receipt of all information and facts in opposition submitted by the person, unless the Director extends this period for good cause.

2216.11

The Director's decision shall maintain, modify, or terminate the suspension.The Director shall provide notice of his decision to the person and any affiliates involved by certified mail, return receipt requested. The notice shall:

(a) State the relevant facts and the reasons for the action taken;

(b) Describe the present responsibility of the person;

(c) Describe how the maintenance, modification, or termination of suspension is in the best interest of the District;

(d) State the period of suspension, including effective dates; and

(e) Include a statement advising that the suspension is effective for all District government agencies; and

(f) Inform the person of the right to appeal the decision to the Contract Appeals Board within sixty (60) days of receipt of the decision.

2216.12

All information considered by the Director shall form the administrative record and a list of each document containing such information shall be included in the final decision.

2216.13

If judicial or administrativeproceedings are not initiated within one (1) year after the date of the suspension notice, the suspension shall be terminated unless the Directordetermines that it is in the best interest of the District to extend the suspension, in which case it may be extended for not more than an additional six (6) months.In no event may a suspension extend beyond eighteen (18) months, unless judicial or administrativeproceedings have been initiated within that period.

D.C. Mun. Regs. r. 27-2216

Final Rulemaking published at 35 DCR 1538 (February 26, 1988); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)