Opportunity to Contest Proposed Debarment

Opportunity to Contest Proposed Debarment. Within 30 days after receipt of the notice of proposed debarment, the respondent may submit, personally or through a legal representative, in writing, information and arguments in opposition to the proposed debarment. A. Agency Proceeding As to Disputed Material Facts (i). In actions not based upon a conviction or civil judgment, if the debarring official finds the respondent's submission in opposition raises a genuine dispute over facts material to the proposed debarment, respondent(s) shall be afforded an opportunity to appear before the debarring official with a representative, submit written documentary evidence in the form of paper documents and sworn affidavits. MDA will accept sworn affidavits from respondent’s witnesses. (ii). A transcribed record of the Agency Proceeding may be made by the respondent, at their own cost, provided they have received the prior written approval of the debarring official. (iii). Technical rules of evidence shall be relaxed during Agency Proceedings. (iv). Respondent must obtain prior written approval of the debarment official regarding the use of a court reporter at least two weeks prior to the Agency Proceeding.