97-060 - King County - Solid Waste Reduction and Recycling Grant

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4.18.080 REVENU D FINANCIAL REGULATION 2. The results of the investigation shall be reduced to written findings of fact and a finding shall be made that there either is or is not reasonable cause for believing that a violation has been or is being committed. If a finding is made that there is no reasonable cause, said finding shall be served on the complainant and respondent. Within thirty days after service of such negative finding, the complainant shall have the right to file a written request with the administrator asking for reconsideration of the finding. The administrator shall respond in writing within a reasonable time by granting or denying the request. H. If the finding is made initially or on request for reconsideration that reasonable cause exists to believe that a violation by a contractor or subcontractor has occurred, the administrator shall endeavor to remedy the violation by conference, conciliation and persuasion, which may include monetary compensation, the creation of additional opportunities for minority or women's utilization on other contracts, or such other requirements as may lawfully be agreed upon by the parties and the administrator. Any settlement agreement shall be reduced to writing and signed by both parties. An order shall then be entered by the administrator setting forth the terms of the agreement. Copies of such order shall be delivered to all affected parties and the original thereof filed with the division of records and elections. If no agreement can be reached, a finding to that effect shall be made by the administrator and incorporated in a preliminary order, with a copy thereof furnished to the complainant and the respondent. The preliminary order shall also include: 1. A finding that a violation has occurred; 2. The basis for such finding. I. In the case of failure to reach an agreement for the elimination of such a violation, and upon the entry of a preliminary order, the complaint and any and all findings made and remedies ordered shall be certified by the administrator to the office of the King County hearing examiner for hearing. A hearing shall be conducted by the office of the hearing examiner for the purpose of affirming, denying, or modifying the preliminary order. The hearing shall be conducted on the record and the hearing examiner shall have such rule making and other powers necessary for conduct of the hearing as are specified by K.C.C. 20.24.150. Such hearings shall be conducted within a reasonable time after receipt of the certification. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each affected party and to the administrator. Each party shall have the following rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the complaint; 2. To introduce documentary and physical evidence; 3. To cross examine opposing witnesses on any matter relevant to the issues of the complaint; 4. To impeach any witness regardless of which party first called him to testify; 5. To rebut evidence against him; and 6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. J. Following review of the evidence submitted, the hearing examiner presiding at the hearing shall enter written findings and conclusions and shall render a written decision and shall order one or more of the following: 1 Dismissal of the complaint when a violation is found not to have occurred; 2. Suspension or cancellation of the contract in part or in whole; 3. Disqualification and /or debarment of the violator from participation in county contracts for a period of up to five years; (King County 12 -94) 145 -14