2218. [DELETED]

2218 DEBARMENT AND SUSPENSION PANEL 2218.1 This section shall apply to any debarment or suspension that is required to be heard by the Debarment and Suspension Panel ("Panel") in accordance with the Debarment Procedures Amendment Act of 2004, D.C. Law 15-327, effective April 12, 2005 ("Act"). 2218.2 For any debarment or suspension that the Panel hears, the Chief Procurement Officer ("CPO") shall transmit to the Panel his debarment or suspension recommendation and any supporting documentation. 2218.3 Upon receipt of the documentation specified in section 2218.2 from the CPO, the Chair of the Panel shall convene the Panel to conduct a hearing of the debarment or suspension in accordance with Title 27 D.C. Municipal Regulations, sections 2213 through 2217, except as provided in section 2218.4. The term "Director," as it appears in sections 2213 through 2217, shall mean the "Panel." 2218.4 For any debarment or suspension that the Panel hears, the period of time provided in section 2214.1(c) shall be shortened to fifteen (15) days after receipt of the notice. 2218.5 The Panel shall hear and decide, de novo, all debarments and suspensions required to be heard in accordance with this section and the Act. 2218.6 The attendance of at least five (5) members of the Panel shall constitute a quorum to hear a debarment or suspension. 2218.7 A majority vote of those present and voting shall be necessary and sufficient for any action taken by the Panel. Each Panel member in favor of the debarment or suspension decision of the Panel shall indicate his or her agreement with the decision by signing the decision. 2218.8 Ex parte communications, as defined in section 2299.1, shall be prohibited. Excluded from ex parte communications are those that: (a) Are specifically authorized by law to be made on an ex parte basis; (b) Relate to the Panel's administrative functions or procedures; or (c) Are matters of public record. A Panel member or staff member for the Panel who receives an ex parte communication prohibited by this section shall immediately report its receipt to the Chair of the Panel and prepare a memorandum describing in detail the substance of the communication. The memorandum shall be placed in the debarment or suspension file, along with the actual communication if it is in written form. The Panel shall provide a copy of the memorandum to all parties. 2218.9 Panel members shall promptly advise the Chair of the Panel of any conflict of interest, or appearance thereof, relating to any debarment or suspension action under consideration by the Panel. Each member of the Panel shall disqualify himself or herself from acting on matters in which he or she has a conflict of interest, or the appearance thereof, in accordance with Chapter 18 of the District of Columbia Personnel Regulations. 2218.10 The Panel shall keep and maintain a case docket of current debarments or suspensions under the Panel's jurisdiction; copies of decisions and final orders of the Panel; and copies of the Panel's rules. The case docket, updated monthly, shall provide the names of the companies or individuals proposed for debarment or suspension, the case number, the date the Panel received the debarment or suspension, and the date of any scheduled hearing on the merits of the debarment or suspension. The case docket, copies of decisions, final orders, and rules shall be available for inspection by the public at the office of the Chair of the Panel. SOURCE: Final Rulemaking published at 53 DCR 7383 (September 8, 2006).