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Chapter II - Subchapter A

§ 2-06 Determination

Asbestos contractor, appealing revocation of its prequalified vendor status to the Office of Administrative Trials and Hearings failed to demonstrate that the agency's actions were arbitrary or capricious, where it was undisputed that petitioner contracted with a consultant who was under criminal investigation for his involvement as a subcontractor at the Deutsche Bank building, where a fire occurred, killing two firefighters. Gramercy Group, Inc. v. Dep't of Housing Preservation & Development, OATH Index No. 637/09, mem. dec. (Nov. 12, 2008).

Where administrative law judge affirms the agency's findings regarding its factual basis for revoking vendor's pre-qualified status, administrative law judge retains discretion of decide if the penalty of revocation was inappropriate or was arbitrary or capricious. Administrative law judge found that such penalty review is limited to the arbitrary and capricious standard, which is met if there is a rational basis for the administrative action. Administrative law judge found a rational basis for revocation here based upon the vendor's false answers to questions on the VENDEX questionnaire. Leroy Brookes d/b/a Brookes Plumbing & Heating v. Dep't of Housing Preservation & Development, OATH Index No. 1275/00 (Apr. 5, 2000).