§ 7.60.090. Investigation of complaints.

A.

Upon receipt of an allegation that a violation of this chapter has occurred, or upon his or her own initiative, the D/WBE officer may conduct an impartial investigation of the administration of a federally assisted municipal contract involving DBEs or WBEs, contractors, or subcontractors and develop and preserve a complete record of such investigation. The purpose of such an investigation is to verify whether or not a violation exists. In aid of its investigation, the disadvantages and woman-owned business enterprise program office may issue subpoenas to compel the attendance of witnesses and the production of books and records.

B.

If an investigation establishes probable cause to believe that a violation of this chapter has occurred, the D/WBE officer shall attempt to resolve the matter by informal means. Such informal means may include a conference at which the person or representative of the business charged with a violation may present such testimony, statements, documents or other evidence in his, her or its behalf as he or she may wish. If no probable cause to support an alleged violation is found to exist, the complaint shall be dismissed.

C.

If an investigation cannot be resolved by informal means, the D/WBE officer shall proceed in accordance with section 7.60.100 below.

D.

For reasonable cause shown, the D/WBE officer may reconsider or cause to be reconsidered any matter.

(AO No. 79-161; AR No. 79-182; AO No. 80-79; AR No. 80-131; AO No. 84-186; AR No. 84-254; AO No. 90-62(S); AR No. 95-63, § 5, 3-28-95; AO No. 97-52, § 1, 4-29-97; AO No. 99-10, 2-9-99; AR No. 99-15, 2-9-99; AO No. 2001-146, § 38, 8-28-01)