Opportunity to Appeal Proposed Disqualification and Review Board Proceedings

PURPOSE: This rule provides for the contractor to appeal any recommended disqualification and provides the procedures for the review board. (1) Appeal of Proposed Disqualification. Any contractor who is recommended for disqualification may appeal the decision to the review board and request an informal hearing. (2) Procedure for Appeals. The contractor shall submit its request in writing for an informal hearing to the Secretary, Missouri Highways and Transportation Commission, P.O. Box 270, Jefferson City, MO 65102. Requests for review shall be submitted by the contractor within thirty (30) calendar days after the date the notice of proposed disqualification was mailed to the contractor. If the contractor requests a timely informal hearing, the department shall advise the contractor of the time, date and place for the informal hearing. This is not a contested case under Chapter 536, RSMo. The rules of evidence shall not apply at the hearing. (3) Review Board Proceedings. The review board shall review the information received by the department and the contractor regarding the proposed disqualification. The contractor may submit documentation to support its position at the informal hearing. The contractor may also present any argument regarding the proposed disqualification. Additionally, the review board may request further information or documentation from the contractor or any department employee, and shall be provided with any further information or documents deemed relevant to its review. Upon review of all the information provided to the review board, the review board will make its written findings and recommendations to the chief engineer. (4) Time of Review Board’s Proposed Finding and Recommendation. The review board will make its findings and recommendations within thirty (30) days after the conclusion of the review board’s hearing. (5) Review Board’s Written Report. The review board shall make a written report to the chief engineer, summarizing its findings and recommendations regarding whether the contractor should be disqualified. A cause for disqualification must be established by a preponderance of the evidence. The chief engineer may concur in or modify the review board’s findings and recommendations. (6) Procedures for When No Appeal is Taken on the Department’s Recommendation. If the contractor does not timely appeal the department’s recommendation, the division engineer or director shall forward the recommendation to the chief engineer for an abbreviated review of the written recommendation for disqualification, setting forth its supporting reasons. The review board will not participate in this review. If the chief engineer does not concur in the recommendation that the contractor be disqualified, s/he shall notify the contractor in writing of its continued status as responsible. If the chief engineer believes disqualification is appropriate after this review, s/he shall inform the contractor of the department’s decision that the contractor be disqualified and the length of time for the disqualification. (7) No Appeal for Certain Causes of Disqualification. Whenever a proposed action is based upon a conviction, judgment, admission, or debarment, or other declaration of ineligibility by another state, political subdivision, or federal entity for any of the causes listed in subsection (1)(C) or (E) of 7 CSR 10-18.020, and adequate evidence of that event may be established by documented evidence a fact-finding hearing need not be conducted. AUTHORITY: Art. IV, section 29, Mo. 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).