Title 07 Finance
Chapter 07.06 Procurement of Goods, Services and Works
Article X. Public Works Apprentice Program
Section 07.06.770 Appeals
An appeal may be filed with the City’s Hearing Examiner by any contractor or Washington State registered apprenticeship program regarding the City Administrator’s decision to waive or reduce the apprenticeship participation percentage or the City Administrator’s imposition of penalties pursuant to SMC 07.06.760 .
Appeals shall be filed within ten (10) business days of the City Administrator’s decision. Appeals shall be processed consistent with SMC 17G.050.310 -320.
The Hearing Examiner shall either affirm or reverse the decision of the City Administrator. If the Hearing Examiner reverses the City Administrator’s decision, the matter shall be remanded to the City Administrator to decide the matter consistent with the Hearing Examiner’s decision.
An appeal shall not act as a stay to a Public Works construction project. A decision by the Hearing Examiner regarding the waiver or reduction of the apprenticeship participation percentage shall be only apply prospectively. A decision by the Hearing Examiner affirming the City Administrator’s assessment of penalties may be taken into account when determining the relative severity of the violation in the determination as to whether to debar a contractor under SMC 07.06.610(B) .
The Hearing Examiner’s decision may be appealed to Superior Court.
Date Passed: Monday, December 6, 2021
Effective Date: Monday, December 6, 2021
ORD C36155 Section 5