D.C. Mun. Regs. tit. 4, r. 4-1118

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 4-1118 - HEARINGS
1118.1

In the event that a dispute arises between a bidder, offeror or prospective contractor and the Director or the Contracting Officer as to whether the proposed program of affirmative action for providing equal employment opportunity submitted by the bidder, offeror or prospective contractor complies with the requirements of this chapter and cannot be resolved by the methods of conference, conciliation, mediation, or persuasion, the bidder, offeror or prospective contractor in question shall be afforded the opportunity for a hearing before the Director.

1118.2

If a case in which an investigation by the Director or the Contracting Agency has shown the existence of an apparent violation of the non-discrimination provisions of the contract required under § 1103 is not resolved by the methods specified in § 1117.2, the Director may issue a notice requiring the contractor in question to show cause, within thirty (30) days, why enforcement proceedings or other appropriate action should not be initiated. The contractor in question shall also be afforded the opportunity for a hearing before the Director.

1118.3

The Director may hold a hearing on any complaint or violation under this chapter, and make determinations based on the facts brought before the hearing.

1118.4

Whenever the Director holds a hearing, it is to be held pursuant to the Human Rights Act of 1977.

1118.5

A notice of thirty (30) working days for the hearing shall be given by registered mail, return receipt requested, to the contractor in question. The notice shall include the following:

(a) A convenient time and place of hearing;
(b) A statement of the provisions in this chapter or any other laws or regulations pursuant to which the hearing is to be held; and
(c) A concise statement of the matters to be brought before the hearing.
1118.6

All hearings shall be open to the public and shall be conducted in accordance with rules, regulations, and procedures promulgated pursuant to the Human Rights Act of 1977.

D.C. Mun. Regs. tit. 4, r. 4-1118

Final Rulemaking published at 33 DCR 4952, 4964-65 (August 15, 1986)