§ 3-525. Appeals to the construction workforce board.

(a)

Any construction contractor may appeal to the construction workforce board:

(1)

Determinations of the director that a construction contractor, the construction contractor's subcontractors, or both, did not meet the construction employment goals and did not use good faith efforts to meet the goals; and

(2)

The director's determination of assessment of liquidated damages against a construction contractor pursuant to sections 3-501—3-527; and

(3)

The director's determination that a construction contractor be required to attend mandatory training; and

(4)

The director's recommendation that a construction contractor be declared ineligible to receive any city construction contract or participate as a subcontractor under any city construction contract for a period of time up to six months.

(b)

Appeals shall be made to the construction workforce board by filing with the director within ten working days after notice of the director's determination, a written request for review by the construction workforce board, stating the grounds of such appeal with specificity. The director shall promptly forward to the chairperson and members of the construction workforce board a copy of any appeal.

(c)

Failure to file a timely appeal shall constitute a waiver of the right of a construction contractor to appeal the director's determination and such person shall be estopped to deny the validity of any order, recommendation, determination or action taken by the director which could have been timely appealed.

(d)

The construction workforce board shall have authority to require that a party first make a written submission of its appeal prior to permitting a hearing and may summarily dispose of those appeals that it determines to be frivolous and without merit.

(e)

After receiving an appeal from the city construction contractor, the construction workforce board shall set a date upon which a hearing shall be held by the construction workforce board and shall notify all parties of the date thereof. The notice of hearing shall be served upon the parties at least ten calendar days prior to the date of the hearing. A copy of the director's determination shall be attached to each such notice. A hearing shall be set no later than 21 calendar days after receipt of the request for appeal by the director.

(f)

The hearing shall be conducted under rules adopted by the board. The board may subpoena witnesses, compel their attendance, administer oaths, take the testimony of persons under oath, and require the production for examination any books, papers or other materials relating to any matter under investigation or in question before the board.

(g)

The board shall cause all proceedings before it to be either audio recorded or held before a certified court reporter.

(h)

The board shall have authority to affirm, modify or reverse the determination of the director.

(Ord. No. 130275, § 1, 3-21-13)