Hearing Procedures

Section 500.1340 Hearing Procedures a)         General Any hearing required or offered in this Part shall be conducted in accordance with the procedures within this Section. b)         Informal Process The hearing is for the purpose of receiving information from interested persons in a reasonable manner.  Formal rules of evidence will not apply, nor will the hearing be conducted in the manner of a trial.  The Hearing Officer may record the hearing to aid in producing minutes or may use the recording as the minutes. c)         Hearing Officers 1)         The CPO may appoint one or more Hearing Officers to conduct the hearing.  If more than one Hearing Officer is assigned to conduct a hearing, one shall be designated as the Chief Hearing Officer. 2)         The Hearing Officer may require that the Procurement Officer attend the hearing or be part of the Hearing Panel. 3)         The Hearing Officer will hear and consider information presented by interested persons and make a recommendation to the CPO regarding the validity of the determination of the subject matter of the hearing. 4)         The Hearing Officer shall be responsible for the orderly conduct of the hearing by exercising discretion in: A)        Scheduling, starting and ending the hearing; B)        Setting the order of activities; C)        Setting reasonable time limits for oral statements; D)        Resolving any conflicts that may arise during the hearing. 5)         The Hearing Officer may cancel a hearing at any time prior to commencing a hearing, including making an announcement at the scheduled hearing date, time and location, but shall give as much advance notice as possible under the circumstances.  A notice confirming the cancellation and any reschedule information will be published in the Auditor General Bulletin. 6)         The Hearing Officer may change a scheduled hearing date, time or location prior to commencing a hearing by posting a notice outside the hearing room and by posting a notice to the Auditor General Bulletin.  The hearing should be continued to the next practicable date.  In setting the next practicable hearing date, the Hearing Officer may take into consideration the schedule of the parties, the hardship to witnesses or the general public, travel and logistical considerations and any other matters that would affect public participation in the hearing. 7)         After commencing a hearing, the Hearing Officer may reconvene a hearing by announcing the new date and time at the hearing and posting the new date and time outside the hearing room.  The hearing shall be continued to the next practicable date in accordance with subsection (c)(6). d)         Notice of Hearing 1)         Notice that a hearing will be held to receive testimony or written comments regarding the subject matter identified in the notice will be published in the Auditor General Bulletin.  The hearing notice shall be published in the Auditor General Bulletin as soon as practicable. 2)         The hearing may be held as soon as the first working day following the end of the notice period.  The notice shall contain the following information and may describe more than one matter to be considered at the same hearing: A)        The name of the affected parties (e.g., State agency and vendor); B)        A description of the subject matter; C)        A justification for the action under review; D)        Requirements for testifying or submitting written comments; E)        Hearing contact information; F)         The date, time and location of the hearing; G)        A statement that all written comments and oral testimony shall be considered public record and open to review by the public; H)        A statement of, or reference to, this Section. e)         Written Comments and Oral Testimony Interested parties wishing to comment for or against the determination may do so in writing alone, may testify in person and may submit written comments reflecting the oral testimony. 1)         Written Comments A)        Submission of Written Comments.  Written comments are requested by the hearing registration deadline, shown in the Auditor General Bulletin notice, to aid the Hearing Officer in preparing for the hearing.  However, all written comments received by the hearing date will be considered. B)        Incorporation of Written Comments.  If the Hearing Officer has received any written comment, the name and affiliation of the person submitting the comment shall be stated for the record and the written comments shall be incorporated into the record.  In addition, the Hearing Officer may read excerpts from or summarize the basic points of the written comments for the record. 2)         Oral Testimony A)        Advance Registration.  Any person who wishes to testify is requested to register with the Hearing Contact.  Advance registration is requested to allow for efficient scheduling and to ensure the hearing room has sufficient capacity for those who wish to testify.  Those who register in advance will be heard first on the matter for which they registered.  The Hearing Officer has discretion to limit testimony for the efficiency of the hearing. B)        Written Copy of Testimony Requested.  Written comments reflecting proposed oral testimony are requested by the hearing registration deadline shown in the Auditor General Bulletin notice to allow the Hearing Officer time to prepare for the hearing.  A person testifying may submit written comments along with the testimony.  The Hearing Officer may request a written copy of the oral testimony. C)        Witness Slip Required.  Each person providing oral testimony must complete a witness slip and provide it to the Hearing Officer as instructed. D)        Duration of Testimony.  Each interested party shall have a reasonable period of time to present his or her position based on the complexity of the issue and the press of other business. f)         Sole Source and Emergency Contract Extensions − Supplemental Provisions 1)         The notice, including attachments, as shown in the Auditor General Bulletin represents the position of the OAG.  The Hearing Officer shall have the notice placed into the record.  A copy of the notice will be posted in the hearing room. 2)         The Procurement Officer shall attend the hearing if any person registers in advance to testify in opposition to the sole source or emergency contract extension determination.  Attendance may be by video or audio.  The Procurement Officer shall respond to questions of the Hearing Officer. 3)         The Hearing Officer may ask questions or request further written information in response to written comments or testimony or at the Hearing Officer's initiative.  The Hearing Officer may allow parties to engage in dialogue and allow follow-up questions and answers as needed to ensure full understanding of the matter.  The Hearing Officer is not required to respond to substantive questions at the hearing nor make commitments regarding the content of his or her recommendation. g)         Suspension and Debarment − Supplemental Provisions A party who receives notice of suspension or debarment may request a hearing to protest the suspension or debarment action. The hearing will be conducted in accordance with this Section and the following additional provisions shall apply. 1)         The Hearing Officer may ask questions or request further written information in response to written comments or testimony or at the Hearing Officer's initiative.  The Hearing Officer is not required to respond to substantive questions at the hearing or make commitments regarding the content of his or her recommendation. 2)         Both the OAG and the vendor affected by a suspension or debarment may, at the discretion of the Hearing Officer, bring in witnesses to present testimony regarding the facts or circumstances that led to the determination to suspend or debar. 3)         In addition to responding to questions of the Hearing Officer, the witnesses shall respond to questions by the affected vendor if, at the discretion of the Hearing Officer, the questions are allowed. A)        The Hearing Officer may allow questions when the subject matter of the question is relevant and the questioning will not unnecessarily delay the proceedings. B)        The Hearing Officer may deny questions when the subject matter seeks only to unnecessarily embarrass the witness or delay the proceedings. h)         Recommendation After conclusion of the hearing, the Hearing Officer shall review the OAG's position, any information obtained from public comment (written or oral), applicable laws, rules and written policies, and other information deemed relevant. i)          Decision of the CPO 1)         The CPO shall, after considering the Hearing Officer's recommendation, make a decision in writing (which may be electronic) to uphold or overturn, in whole or in part, the OAG's decision. 2)         The CPO may request additional information from the Hearing Officer, or any other party, including supplemental comments or testimony from the interested parties, prior to making a decision. 3)         The CPO may adopt the recommendation, in whole or in part, or may reject the recommendation, or may write a separate decision. j)          Notice of Decision 1)         The decision of the CPO shall be provided to the impacted parties.  A copy of the decision shall be posted to the Auditor General Bulletin. 2)         Upon posting notice of a decision upholding the determination, the OAG may take action to have the contract executed. k)         Maintenance of Records A copy of the public notices, any documents presented, any written comments, the recommendation of the Hearing Officer, and any decision of the CPO shall be maintained in the procurement file.  Any transcript or recording of a public hearing shall be available upon request.