Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-5 - GOVERNING THE PREQUALIFICATION OF PROSPECTIVE BIDDERS › Rule 672-5-.08 - Appeals Procedure for Maximum Capacity Rating for Prospective Bidders

Current through Rules and Regulations filed through June 27, 2024
(1) A Prospective
			 Bidder dissatisfied with its Maximum Capacity Rating may request an informal
			 hearing in writing within ten (10) days of receipt of its Maximum C informal
			 hearing will be before the Board of Review. At this informal hearing, neither
			 the Department nor the Prospective Bidder shall be represented by an attorney
			 nor be allowed to present witnesses. Documentary evidence may be presented by
			 the Department or Prospective Bidder. Failure to request a formal hearing
			 within ten (10) days after receipt of the Maximum Capacity Rating shall act as
			 a waiver of the right of the Prospective Bidder to further appeal its Maximum
			 Capacity Rating.
(2) If a request
			 for an informal hearing is received timely from the Prospective Bidder, the
			 Board of Review shall set a date and time for an informal hearing to be held in
			 the matter, and shall issue a written notice of the informal hearing to the
			 Prospective Bidder. The written notice may be served personally or by certified
			 mail, return receipt requested, mailed to the Prospective Bidder's last known
			 mailing address.
(3) Within
			 fourteen (14) days after the conclusion of the informal hearing, the Board of
			 Review shall render a written Preliminary Decision. The Board of Review shall
			 cause a copy of this recommendation to be served upon the Prospective Bidder,
			 which may be served personally or by certified mail, return receipt requested,
			 mailed to the Prospective Bidder's last known mailing address.
(4) Within fourteen (14) days of receipt of
			 the Preliminary Decision, the Prospective Bidder may request a formal hearing
			 with the Commissioner. Failure to request a formal hearing within fourteen (14)
			 days after receipt of the Preliminary Decision shall act as waiver of any
			 additional appeal rights of the Prospective Bidder and the Preliminary Decision
			 of the Board of Review shall become the Final Decision.
(5) In the event that a formal hearing has
			 been requested by the Prospective Bidder, the Commissioner shall set a date and
			 time for a hearing to be held in the matter, and shall issue a written notice
			 of the hearing to the Prospective Bidder. The written notice of the hearing
			 shall inform the Prospective Bidder of the date and time of the hearing, and of
			 its right to attend, to be represented by counsel, to cross-examine witnesses
			 against it, and to respond and present evidence on all issues. The written
			 notice may be served personally or by certified mail, return receipt requested,
			 mailed to the Prospective Bidder's last known mailing address.
(6) Within thirty (30) days after the
			 hearing, the Commissioner shall issue a Final Decision and shall cause a copy
			 of this recommendation to be served upon the Prospective Bidder, which may be
			 served personally or by certified mail, return receipt requested, mailed to the
			 Prospective Bidder's last known mailing address. The Commissioner may instruct
			 the Prequalification Committee to increase, decrease or not change the Maximum
			 Capacity rating of the Prospective Bidder.
(7) An appeal from the Final Decision of the
			 Commissioner is directly appealable to the Superior Court.
O.C.G.A. §§
									32-2-2,   32-2-66,   50-13-4.