3 Alaska Admin. Code § 108.920

Current through October 17, 2024

Section 3 AAC 108.920 - Appeals

(a) A protester who is dissatisfied with a decision of the procurement officer under 3 AAC 108.910, a claimant who is dissatisfied with a decision of the procurement officer under 3 AAC 108.915, or a protester dissatisfied with other action of the authority, may appeal the decision to the board of directors of the authority or, if the board of directors has authorized the executive director to make the final decision of the authority, to the executive director. A protester or claimant must submit an appeal within 10 days after receiving the decision to be appealed.

(b) Upon receiving an appeal under (a) of this section, the executive director shall review the protest or claim, relevant information from agency staff, including any decision of the procurement officer and other relevant information, and shall

(1) prepare a final decision or a recommended decision for consideration by the board of directors of the authority;

(2) conduct a hearing and prepare a final decision or recommended decision for consideration by the board of directors of the authority;

(3) designate a hearing officer to conduct a hearing and prepare a recommended decision for consideration by the executive director or the board of directors of the authority; or

(4) refer the matter to a mediator or arbitrator for resolution, subject to approval of the resolution by the executive director or the board of directors of the authority.

(c) The board of directors of the authority will adopt a recommended decision prepared under (b) of this section, adopt the recommended decision with modifications, reject the recommended decision, or return the recommended decision to the executive director or hearing officer for additional findings.

(d) In conducting a hearing under this section, the hearing officer or executive director may

(1) hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;

(2) require parties to state their positions concerning the various issues in the proceeding;

(3) require parties to produce for examination those relevant witnesses and documents under their control;

(4) rule on motions and other procedural matters;

(5) regulate the course of the hearing and conduct of the participants;

(6) establish time limits for submission of motions or memoranda;

(7) impose appropriate sanctions against a person who fails to obey an order relating to the hearing procedures, including

(A) prohibiting the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence;

(B) excluding all testimony of an unresponsive or evasive witness; and

(C) excluding a person from further participation in the hearing;

(8) take official notice of a material fact not appearing in evidence, if the fact among the traditional matters subject to judicial notice; and

(9) administer oaths or affirmations.

(e) The board of directors of the authority may delegate to the executive director authority to make the final decision regarding protests of procurement actions, claims under contracts or grants, and protests of other actions of the authority, and contract claims, as the board determines is appropriate.

(f) A decision by the board of directors of the authority, or by the executive director on matters delegated to the executive director, is a final decision for purposes of judicial review.

3 AAC 108.920

Eff. 10/16/2009, Register 192

Authority:AS 42.45.045

AS 44.83.080