R918-5-4. Process to Hear Evidence of Violations

  (1) There is established within the Department a "Bid Limit Hearing Board" (the Board), consisting of persons in the following positions:

  (a) Director of Operations (Chair);

  (b) Engineer for Construction;

  (c) Engineer for Maintenance;

  (d) Director of Project Development;

  (e) UDOT Internal Auditor;

  (f) One UDOT Region Director (appointed by the Deputy Director on a case-by-case basis); and

  (g) Deputy Engineer for Maintenance (Secretary/Recorder, non-voting).

  (2) Any person, corporation, government agency, or UDOT group, having reasonable evidence that a region violated any provision of Section 72-6-107, may request that the Board be convened to hear that evidence, by submitting a written request or complaint to the Department's Deputy Director.

  (3) Upon receiving a complaint of an alleged violation, the Deputy Director shall direct the Board to convene by notifying the Chair that a complaint has been received.

  (4) The Board shall convene no later than 30 days after the Deputy Director receives the complaint.

  (5) During the hearing, the complainant shall present objective evidence that the estimated cost of the project for labor and materials exceeded the Bid Limit. The evidence shall include credible cost data to support the allegation. The accused region shall be afforded the opportunity to defend itself against any and all allegations by presenting credible evidence of its own.

  (6) Having heard evidence from both parties, the Board shall privately deliberate on the evidence heard and return a decision either supporting the complainant's claim of a violation, or finding the claim unsubstantiated. The board's decision shall be based on a simple majority vote of the board. The Board shall then notify the Deputy Director of its decision and recommendation for sanction if appropriate.

  (7) Upon receiving the Board's decision, the Deputy Director shall either dismiss an unsubstantiated claim or administer an appropriate sanction against the region in violation. The Deputy Director has discretion to administer either the standard sanction outlined in Section R918-5-5, or other appropriate corrective action.