| (a) A contractor may request an administrative reconsideration
of the determination made under §9.237 of this subchapter (relating
to Determination of Noncompliance; Sanctions), including any sanctions
imposed, within 30 days after the date that the notice of the determination
is sent to the contractor.
(b) If a request for reconsideration of a determination
is not filed within the period specified in subsection (a) of this
section, the determination made under §9.237 of this chapter
and any imposed sanction is final and further administrative appeal
is barred.
(c) A contractor that requests administrative reconsideration
of a determination under subsection (a) of this section must provide
with the request written documentation or argument to support its
position that the noncompliance determination was made in error by
the department.
(d) The department may withhold final payment on the
contract until the compliance determination is final.
(e) The executive director will appoint a department
employee to perform the administrative reconsideration of the determination.
The employee must hold a senior leadership position in the department
and report directly to the executive director. A person who took part
in the original determination is not eligible for appointment under
this subsection. The appointed employee will act as an administrative
hearing officer.
(f) The person appointed under subsection (e) of this
section will make the final reconsideration decision. The sanctions
to be imposed may be changed in the final reconsideration decision.
(g) Before making the final reconsideration decision,
the person appointed under subsection (e) of this section may decide
that an in-person hearing is needed to make a final reconsideration
decision, in which event the person will act as the administrative
hearing officer. The department will contact the contractor or respondent
to schedule the in-person hearing. The hearing will be scheduled for
a date that is within 30 days after the date that the determination
to hold an in-person hearing is made. The hearing may be rescheduled
at the request of either party but must be rescheduled for a date
that is within 180 days after the date of the original in-person hearing.
(h) The department will provide to the contractor a
written decision that explains the reconsideration decision and if
the decision is a finding of non-compliance, the basis for that finding.
(i) A reconsideration decision under subsection (g)
of this section, including sanctions imposed under that decision,
is final and further administrative appeal is barred.
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