|(a) The contractor or respondent may request an administrative
reconsideration of the determination made under §9.366 of this
subchapter (relating to Determination of Noncompliance), including
the sanctions imposed, within 10 days after the date that notice is
sent to the respondent or within 30 days after the date that the notice
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 §9.366 of this subchapter
and any imposed sanction is final and further administrative appeal
(c) A contractor or respondent 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 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
(e) The person appointed under subsection (d) of this
section will make the final reconsideration decision. The sanctions
to be imposed may be changed in the final reconsideration decision.
(f) Before making the final reconsideration decision,
the person appointed under subsection (d) 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 15 days after the date of the original in-person hearing
if the contract has not been awarded, or within 180 days after the
date of the original in-person hearing for all other situations.
(g) The department will provide to the contractor or
respondent a written decision that explains the reconsideration decision
and if the decision is a finding of non-compliance, the basis for
(h) A reconsideration decision under subsection (g)
of this section, including sanctions imposed under that decision,
is final and further administrative appeal is barred.