RD2.12 SAMPLE LETTER: HEARING ON DISQUALIFICATION
(see [I]:4.5.2)

[Not for Facility use. Hearing officer will send this letter on hearing officer's letterhead.]

{DATE}

By Facsimile and Mail

{CONTRACTOR OR SUBCONTRACTOR NAME} {ADDRESS}

Subject: Hearing Of Disqualification From Bidding On University Of California Construction Work

Dear {CONTRACTOR OR SUBCONTRACTOR NAME}:

On {DATE}, you were advised that the University of California, {FACILITY NAME} ({FACILITY ACRONYM}), determined that your firm is not a "responsible" bidder for University of California construction projects. You were notified that your firm had ten (10) calendar days within which a written appeal of the determination had to have been received by the Chair, Construction Review Board. By a letter, dated {DATE}, you appealed the determination to the Chair, Construction Review Board.

{NAME OF CHAIR}, Chair, Construction Review Board, asked me, {HEARING OFFICER'S NAME}, to act as the hearing officer and issue a written decision on the appeal. An informal hearing will be held on {DAY}, {DATE}, at {TIME}, at {LOCATION}.

At the hearing, I will begin the proceedings by asking for statements clarifying the issues involved. Representatives of {FACILITY ACRONYM} shall then present the reasons for the determination and proofs including its witnesses, if any, who shall submit to questions or other examination. Your firm shall then be given an opportunity to present the reasons supporting its written objections and proofs, including its witnesses, if any, who shall submit to questions or other examination. At my discretion, this procedure may be varied, but an equal opportunity shall be afforded to both parties for the presentation of any material or relevant proofs.

I will preside, rule on the admission and exclusion of evidence and on questions of hearing procedure, and shall exercise all powers relating to the conduct of the hearing. I will receive and consider oral and documentary evidence of the kind on which responsible persons are accustomed to rely in serious matters. I may exclude irrelevant or unduly repetitious evidence. The proceedings shall be reported. The parties may have the proceedings transcribed at their own expense.

An attorney from the Office of the General Counsel of The Regents of the University of California may be present at the hearing, or I may seek legal advice from that office by telephone during or after the hearing, or during the preparation of the decision.

{FACILITY ACRONYM} shall have the burden of substantiating the justification for its determination that your firm's performance is not responsible by a preponderance of the evidence.

My decision approving or disapproving the determination that your firm's performance is not responsible shall be made in writing within ten (10) calendar days of the date of the conclusion of the hearing, unless the hearing is reopened, in which event the ten-calendar-day period shall be computed from the date on which the reopened hearing is concluded. The decision shall be based only on evidence received during the hearing and will set forth findings and decisions in writing. A copy of the decision will be furnished to you. The decision shall be final.

The procedures described in this letter shall control in lieu of those prescribed in Code of Civil Procedure, Section 1280, and applicable sections that follow, or in Government Code, Section 11500, and applicable sections that follow. Appearance at the hearing shall constitute agreement to the hearing procedure described.

Please notify me, by 5 p.m., {DAY}, {DATE}, of the names of any witnesses who will testify, their relationship to your firm, an estimate of the length of time required for your presentation, and whether you will be represented by counsel.

Sincerely,

/s/

{HEARING OFFICER'S NAME}, Hearing Officer

cc: General Counsel {GC'S SURNAME}
Vice Chancellor {VC'S SURNAME} {OR} Associate Director {AD'S SURNAME}
Assistant Vice President {AVP'S SURNAME} - Facilities Administration
{TITLE AND SURNAME OF FACILITY ADMINISTRATOR}
Chair, Construction Review Board

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