5348.1 A hearing may be conducted in accordance with this section.

5348.2 The General Manager may conduct the hearing or may appoint a Claims Officer or Hearing Examiner to conduct the hearing.

5348.3 If the General Manager determines that a hearing is necessary, the hearing shall be conducted as soon as practicable after the claim is received. In claims involving one hundred thousand dollars ($ 100,000) or less, unless the General Manager extends the time period pursuant to Section 5348.5, a final decision shall be rendered no later than sixty (60) calendar days after receipt of the claim by the General Manager. This initial sixty (60) calendar day period shall be the 'Initial Decision Period'. In claims involving more than one hundred thousand dollars ($ 100,000), the Initial Decision Period shall be (90) calendar days after receipt by the General Manager.

5348.4 Except as provided in Section 5348.5, the General Manager shall issue a final decision within the applicable Initial Decision Period.

5348.5 The General Manager may, upon application of any party to the claim, or on his or her own initiative, extend the time period for final decision. The decision to extend time must be made in a written finding delivered to all parties to the claim. The finding must be based on credible evidence that it is not practicable to render a decision within the Initial Decision Period because of a compelling reason. This compelling reason shall be stated in the decision.

5348.6 A failure by the General Manager to issue a decision on a contract claim within the applicable Initial Decision Period or any extension thereof, will be deemed to be a denial of the claim.

5348.7 The General Manager, Claims Officer or Hearing Examiner shall give the contractor and the Contracting Officer at least fifteen (15) calendar days notice of the time and place scheduled for the hearing. The notice shall be in writing by certified mail, return receipt requested.

5348.8 The contractor may be accompanied or represented at the hearing by legal counsel or other person chosen by the contractor and may submit documentary evidence, present witnesses, and cross examine any person that WASA presents.

5348.9 WASA shall make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contractor and WASA, by mutual agreement, waive the requirement for a transcript.

5348.10 Upon request of any party, the General Manager, Claims Officer, or Hearing Examiner shall close the hearing to the public during any portion of the hearing that proprietary information is presented or discussed.

5348.11 The General Manager, Claims Officer, or Hearing Examiner shall have full authority to rule upon matters of evidence and the conduct of the hearing. The General Manager, Claims Officer or Hearing Examiner may, in his or her discretion, appoint mediators and require informal, non-binding mediation between the parties before issuing a final recommendation.

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).