Debarment Proceedings before an Independent Hearing Officer
San Diego Municipal Code § 22.0809
in effect§22.0809 Debarment Proceedings before an Independent Hearing Officer
(a) The City Manager shall appoint an independent hearing officer.
(b) An independent hearing officer shall hear all recommendations that include one or more grounds for permanent debarment, except for debarments based on unsatisfactory final performance evaluations, which are heard in accordance with section 22.0811.
(c) The independent hearing officer shall determine by a preponderance of the evidence whether a person is to be debarred and for what length of time, in accordance with this Division. The independent hearing officer may increase, decrease, or accept the department’s recommendation of the length of debarment. The independent hearing officer may not reduce the length of a permanent debarment if the hearing officer determines a violation identified in section 22.0807(a) occurred, or impose less than the length of debarment specified in section 22.0807(b) and (d).
(d) The independent hearing officer’s decision on debarment must be in writing and is final.
(e) The failure of a person recommended for debarment to appear at a debarment hearing after notice under section 22.0806 constitutes a waiver of that person’s right to contest the debarment recommendation, and the department’s recommendation shall become final.
(f) Notwithstanding (d) and (e), any decision by an independent hearing officer that debars a bidder or contractor based on collusion is not final and shall be referred to the City Council to permanently debar that bidder or contractor in accordance with Charter section 97. The City Council may adopt or deny the independent hearing officer’s finding of collusion. The City Council’s decision is final.
(“Scope of Debarment” repealed; “Debarment Hearing Board’s Authority to Debar; Debarment Hearing Board’s Decision Final” added 9–3–2002 by O–19093 N.S.)
(Retitled from “Debarment Hearing Board’s Authority to Debar; Debarment Hearing Board’s Decision Final” to “Debarment Proceedings before an Independent Hearing Officer” and amended 8-10-2016 by O-20715 N.S.; effective 9-9-2016.)
(Amended 6-4-2020 by O-21193 N.S.; effective 7-4-2020.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division08.pdf#page=10Fetched: 10/28/2026