(A) In accordance with section 5525.07 of the Revised Code, the director shall create a prequalification review board, hereinafter referred to as the board. The board shall be comprised of three senior department employees who are familiar with the department's application for qualification process and the contractor evaluation process but who do not exercise daily control over either process.
(B) The board shall hear appeals from applicants and contractors for denials of requested work types, disagreements over dollar bidding capacity amounts and disputed performance evaluations. This board has no authority to hear appeals for revocation of an application for qualification and the debarment of a contractor or an individual.
(C) Within ten days upon receipt of the director's decision regarding the applicant's application for qualification or the receipt of a performance evaluation, other than an action involving revocation and debarment, the applicant or contractor may request in writing a reconsideration of the application or the performance evaluation by the director's prequalification review board. The applicant or contractor shall submit additional evidence bearing on the applicant's qualifications or performance of the work and request either a hearing or a review of the submitted documents.
(D) When an appeal has been filed and a review has been requested, the board shall review the submitted documents in a timely manner and issue its decision within fifteen days of its deliberations. In the event a hearing is requested the board shall schedule an informal hearing in a timely manner at which time the applicant or contractor shall have an opportunity to present its case. The department may have representatives at the hearing offering evidence in rebuttal. The board shall consider the evidence and issue its decision within fifteen days of the hearing.
(E) The appellant may appeal the decision of the board to the court of common pleas in Franklin county within ten days upon receipt of the board's decision.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: 5525.05
Rule Amplifies: 5525.01, 5525.02, 5525.03, 5525.04, 5525.05, 5525.06, 5525.07, 5525.08, 5525.09
Prior Effective Dates: 1/15/64, 1/1/98, 7/1/02, 3/19/10