Procedure for Reinstatement of a Contractor Previously Disqualified

PURPOSE: This rule establishes the procedures for reinstating a contractor who has previously been disqualified. (1) Reinstatement. After any period of disqualification of a contractor has elapsed, a disqualified contractor may submit to the chief engineer documentation supporting its request for reinstatement as responsible. The chief engineer shall review the documentation and may request further documentation as deemed necessary for possible reinstatement of the contractor, its affiliates, principals, and successors as responsible. The chief engineer shall decide if the contractor shall be reinstated or not reinstated, and the chief engineer’s decision regarding the requested reinstatement shall be final, subject to judicial review pursuant to section 536.150, RSMo. (2) No Automatic Reinstatement. The disqualified contractor must apply for reinstatement with the chief engineer. Even though the contractor’s period of disqualification has elapsed, the contractor cannot contract with the commission or department until the contractor has been formally reinstated by the department. 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. Transportation Commission *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).