R 125.218 Reinstatement after debarment.

Rule 218. (1) Debarred participants or contractors may not resume participation in authority programs or transactions until expiration of the period of debarment or until a petition for early reinstatement is submitted and approved by an authorized officer of the authority, whichever occurs first. (2) Petitions for early reinstatement must be submitted as follows: (a) Upon discovery of new evidence that was not previously discoverable or upon the dismissal of criminal charges or a civil or administrative action, the reversal of a criminal conviction or a civil judgment, or the reversal of the debarment or other exclusion imposed by another governmental agency, that the authority debarment was based on. (b) Upon a bona fide change in ownership or management of the person debarred. (c) Upon proof that the causes for debarment have been eliminated. (3) A petition for early reinstatement may be submitted as follows: (a) Immediately after the occurrence of events set forth in subrule (2)(a) of this rule. (b) Not less than 6 months after the issuance of a final decision of debarment if the petition is based upon reasons set forth in subrule (2)(b) and (c) of this rule. (4) The petition for early reinstatement must be submitted to the official who issued the final decision to debar, or to the official’s successor. The petition must be accompanied by written evidence that supports the request. The official who issued the final decision may request a written response to the petition from the authorized officer that initiated the debarment proceedings. There is no hearing upon a petition for early reinstatement unless ordered by the official ruling upon the petition. The official may refer a petition for early reinstatement, together with evidence submitted in connection with or in response to the petition, to a hearing officer for review and written recommendation.