§ 29-10. Hearings.

(a) If the Chief determines that one or more allegations are sustained, the business firm against whom the allegations were made shall be entitled to an administrative hearing on the allegations and an opportunity to participate in the administrative hearing. The business firm must request an administrative hearing by filing a written request with the Chief within 15 calendar days of notice of the initial findings and recommendations. If the business firm fails to properly request an administrative hearing, the initial non-binding findings and recommendations shall become the final administrative decision of the City pending review and approval by the Board of Estimates. If the business firm does request an administrative hearing, the Chief shall so notify the City Solicitor immediately, and within 10 days, the City Solicitor shall appoint a hearing examiner for purposes of conducting the administrative hearing. The administrative hearing shall be held by the hearing examiner within 90 calendar days of the appointment of the hearing examiner.

(b) The City Solicitor shall establish regulations, as necessary, that are in accordance with this Subtitle and any due process rights to which any party is entitled, to further specify the procedures and standards by which these administrative hearings are conducted. At a minimum, the hearing shall afford all parties an opportunity to present witnesses, conduct direct and cross-examination of witnesses, introduce relevant evidence, submit briefs, and present oral argument. Findings shall be made by the hearing examiner based upon a preponderance of the evidence presented.

(c) Consistent with the State Public Information Act, Title 4 of the State General Provisions Article, and with the State Open Meetings Act, Title 3 of the State General Provisions Article, the hearing examiner may issue protective orders for good cause for the following reasons:

(1) to limit, or otherwise impose conditions on, access by any person to any document in the possession of a party, including a document in the City's possession or in the record of the hearing that is not a public record; or

(2) to close all or any portion of the hearing, or otherwise impose conditions on access to the hearing by any person.

(d) Within a reasonable period of time not to exceed 120 days after the closing of the hearing record, the hearing examiner shall prepare a written decision that may affirm or reject the initial findings and recommendations, may substitute different findings and order appropriate remedies, or may return the case to the Chief for further investigation and findings to be completed within a period of time specified by the hearing examiner.

(e) The hearing examiner's written decision shall be based upon a preponderance of the evidence contained in the hearing record, and shall reflect the evidentiary basis for its findings.

(f) At the hearing, the City shall have the burden of proof based upon a preponderance of the evidence.