Commission Action

PURPOSE: This rule describes the commission’s role in determining whether a contractor is to be disqualified. (1) Commission Action. The chief engineer shall present the proposed recommendations and findings regarding the disqualification of the contractor to the commission. The commission shall act on the proposed findings and recommendations as it deems appropriate under the circumstances, based on the record consisting of the written recommendations of the division engineer or director, the written findings and recommendations, and the written appeal of the contractor. No hearing shall be held by or for the commission on the findings and recommendations. The commission shall either affirm, reject, modify or remand the findings and recommendations. AUTHORITY: Art. IV, section 29, Mo. Const., sections 226.020, 226.150, 227.030, 227.100 and 227.210, RSMo (1994), 226.130, RSMo (Cum. Supp. 1996) and Title 49 Code of Federal Regulations part 29.* Original rule filed Dec. 12, 1996, effective June 30, 1997. *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; and 227.210, RSMo (1939).