§ 2-26-64. Administrative hearing.

(a)

If the contractor timely files a written request with the purchasing official for a decision in accordance with section 2-26-63, and the contractor is not satisfied with the decision, the contractor may file a written request to the purchasing official to convene an administrative hearing before a Manatee County hearing officer within forty-five (45) days of the date of the request, or within such longer period as may be agreed upon by the parties.

(b)

The administrative hearing shall be conducted pursuant to [section] 2-2-107 et seq. of the Manatee County Code except as otherwise provided herein. The hearing officer's decision shall be due within twenty (20) business days from the date of the hearing unless the time period is modified by agreement of the parties or their counsel.

(c)

Both the contractor and the county shall have the right to file an appeal of the administrative decision from the hearing officer to the board of county commissioners if written notice of the appeal is given to the clerk of the circuit court (board records) within ten (10) days of the date the administrative decision is rendered.

(d)

If no timely appeal is filed, the administrative decision of the hearing officer becomes the final order of the county, subject to applicable judicial review. If an appeal is timely filed, it shall be subject to review by the board before a final order is issued.

(e)

The written decision of the hearing officer and the complete record of all the administrative proceedings shall be submitted to the board for review. No additional testimony or other evidence shall be presented to the board as part of this review. The board, in its sole discretion, may accord staff and the contractor a brief opportunity to review their positions and request certain relief. The board's review will not include general public comment. Rather, after hearing any presentations of the parties, the board will either dispose of the matter or remand it back to the hearing officer for further proceedings.

(f)

If remand does not occur, the board of county commissioners shall issue a written order either affirming the hearing officer's decision, modifying the hearing officer's decision, or rejecting the decision entirely. The board may state its own reasons for its decision and return it back for further administrative action, or issue its own final order. If the matter is returned for further administrative review, the board's order shall explain the reasons for the board's action and give appropriate direction to the hearing officer.

(g)

The board's written order shall constitute the final order of Manatee County unless subject to additional hearing officer review. An aggrieved party may seek judicial review via a petition for writ of certiorari pursuant to Florida Rules of Appellate Procedure 9.100.

(Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-52, § 17, 7-28-09; Ord. No. 14-15, § 1, 4-8-14)