Notice of Proposed Disqualification

PURPOSE: This rule sets forth the requirements for notifying any person or contractor that disqualification is being considered by the department. (1) Written Notice of Department’s Recommendation. Any contractor who is recommended by the department for disqualification shall be provided written notice of the proposed disqualification by the applicable division engineer or director after concurrence by the chief engineer. (2) Notice of Proposed Disqualification. The notice of proposed disqualification shall be sent to the contractor by the division engineer or director who is proposing the disqualification. The notice of the proposed disqualification shall advise the contractor of the following: (A) That disqualification is being proposed; (B) The reasons for the proposed disqualification in terms sufficient to notify the contractor of the conduct or transaction(s) upon which it is based; (C) The causes relied upon for proposing disqualification; (D) The procedures governing disqualification; (E) The potential effect of a disqualification by the commission; (F) The contractor’s right to appeal the recommendation to the review board; (G) That disqualification is only for serious actions and is used only in the public interest and for the state’s protection and not for purposes of punishment; and (H) The proposed duration of the proposed disqualification. (3) Temporary Suspension Period. For good cause shown, the chief engineer may, at his/her discretion, temporarily suspend a contractor and its affiliates and principals pending final action by the commission. AUTHORITY: Art. IV, section 29, Mo. Transportation Commission Const., sections 226.020, 226.130, 226.150, 227.030, 227.100, and 227.210, RSMo 2016 and Title 49 Code of Federal Regulations part 29.* Original rule filed Dec. 12, 1996, effective June 30, 1997. Amended: Filed Dec. 8, 2016, effective July 30, 2017. *Original authority: 226.020, RSMo (1939); 226.130, RSMo (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969, 2002; and 227.210, RSMo (1939).