Notice of Commission Determination to Disqualify Contractor

PURPOSE: This rule sets forth notification requirements for disqualification (by the commission). (1) Commission Notice. For decisions of the commission to impose disqualification on a contractor for misconduct, a written notice will be provided to the contractor. Notice will be given of the following: (A) The reasons for disqualification; (B) The period of disqualification, including effective dates; (C) The inability to bid on or participate in any new commission contracts as a contractor or subcontractor; and (D) That disqualification and termination are serious actions and are used only in the public interest and for the state’s protection and not for purpose of punishment. (2) Judicial Review of the Commission’s Decision. The commission’s decision shall be final and conclusive on these issues, subject to judicial review pursuant to section 536.150, RSMo. (3) Notice Not to Disqualify. Notice will be given by the commission to the contractor of any decision of the commission not to disqualify. 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).