Conditions Affecting the Debarment of a Person(s)

PURPOSE: This rule sets forth the conditions and level of proof required to debar a person. (1) The following conditions shall apply concerning debarment: (A) Debarment shall be made only upon approval of the members of the commission upon their own action or upon recommendation by the executive director of the commission, except as otherwise provided by law; (B) The existence of any of the causes set forth in 4 CSR 170-8.060 shall not necessarily require that a person be debarred. In each instance, unless otherwise required by law, the decision to debar shall be made within the discretion of the commission, upon the recommendation of its members or upon recommendation by the executive director, taking into account the seriousness of the acts or omissions and any mitigating factors which the commission may consider and shall be rendered in the best interests of the state of Missouri; (C) All mitigating factors shall be considered in determining the seriousness of the offense, failure, or inadequacy of performance in deciding whether debarment is warranted; (D) The existence of a cause set forth in subsection 4 CSR 170-8.060(1)(A), as well as in subsection 4 CSR 170-8.060(1)(D) where the debt is contested, shall be established upon the rendering of a final judgment or conviction, including a guilty plea or a plea of nolo contendere by a court of competent jurisdiction or by an administrative agency empowered to render such judgment. In the event an appeal taken from such judgment or conviction results in reversal thereof, the debarment shall be removed upon request of the debarred person unless other cause for debarment exists; (E) The existence of a cause set forth in paragraphs 4 CSR 170-8.060(1)(B)1.–3. or subsection 4 CSR 170-8.060(1)(H) or (1)(K) shall be established by competent and substantial evidence; and (F) Debarment for any cause set forth in subsections 4 CSR 170-8.060(1)(E)–(1)(F) shall be proper, provided that one (1) of the causes set forth in subsection 4 CSR 1708.060(1)(A), (1)(B), or (1)(K) was the basis for debarment by the original debarring agency. Such debarment may be based entirely on the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts. AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Original rule filed Feb. 11, 2010, effective Aug. 30, 2010. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.