Section R4-44-105. Notice of Hearing and Response

A.      If the Auditor General believes that cause exists to suspend or debar a contractor, the Auditor General shall notify the con- tractor in writing of such basis or cause and set the date, time, and place for hearing.

B.       The contractor shall file a response to the assertions contained in the notice of hearing. The response shall be in writing and shall be filed with the Auditor General within 20 days after service of the notice upon the contractor. If the notice is amended any time subsequent to service of the notice, the con- tractor may be required to answer the amended assertions within a reasonable time.

C.      A response filed under this rule shall briefly state the position or defenses of the responding contractor and shall specifically admit or deny each of the assertions contained in the notice. If the responding contractor is without or is unable to reasonably obtain knowledge or information sufficient to form a belief as to the truth of an assertion, the contractor shall so state and this shall have the effect of a denial. Any assertion not denied shall be deemed to be admitted.

D.      If a contractor fails to file a response within the time provided, the assertions contained in the notice of hearing shall be deemed to be admitted.

Historical Note

Adopted effective July 23, 1993 (Supp. 93-3).

Title 4, Ch. 44                                                                Arizona Administrative Code