Section 8 AAC 30.090 - Investigations, conference, and persuasion(a) The division will investigate potential violations of AS 36 (Public Contracts), on its own motion or on the complaint of any person.(b) If, after preliminary investigation, the division finds that probably cause exists to believe that a violation of AS 36.05 or AS 36.10 has occurred, the division will provide the respondant believed to have violated AS 36.05 or AS 36.10 a copy of the complaint or a description of the alleged violation by personal service or certified mail to the last known address of the respondent and to the respondent's registered agent, if any. If respondent is a subcontractor, the division will also provide the prime contractor with a copy of the complaint or a description of the alleged violation by personal service or certified mail to the prime contractor's registered agent.(c) The division will attempt to eliminate the alleged violation through conference and persuasion by providing the respondent and prime contractor an opportunity for an informal conference to discuss the matter and attempt to eliminate the alleged violations.(d) If an alleged violation is not rectified by the informal conference, or if the respondent or prime contractor fails to attend the conference without good cause, the division will notify the respondent and the prime contractor in writing of the failure of the informal conference. The division will include in its notification a summary of the division's investigative findings.(e) The respondent or the prime contractor may request a hearing by sending the division a written request postmarked not later than 30 days of date of the division's notification of the failure of the informal conference under (d) of this section. The hearing request must identify any investigative findings in dispute and the basis for the dispute, including any affirmative defenses. Upon receipt of a request for a hearing, the division will refer the case for hearing. Hearings under this section will be conducted in accordance with 8 AAC 30.100.(f) If no timely request for hearing is received, the division's investigative findings will be final.Eff. 12/4/76, Register 60; am 7/30/82, Register 83; am 1/2/91, Register 116; am 8/9/2001, Register 159; am 3/2/2008, Register 185; am 8/12/2018,Register 227, October 2018Authority:AS 23.05.060
AS 36.05.030
AS 36.10.075
AS 36.10.120