Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-5 - GOVERNING THE PREQUALIFICATION OF PROSPECTIVE BIDDERS › Rule 672-5-.14 - False, Deceptive, or Fraudulent Statement(s) in Application or at Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The Certification of Qualification or the
			 Certificate of Registration of any Person who makes or causes to be made any
			 false, deceptive, or fraudulent statement(s) on the application required to be
			 submitted, or in the course of any hearing under these Rules, may be
			 temporarily suspended or permanently revoked.
(2) The following process will apply when the
			 Prequalification Committee receives information to give it reasonable cause to
			 believe that there is a false, deceptive, or fraudulent statement(s) made by a
			 Prospective Bidder on the application:
(a)
			 When the Prequalification Committee receives information to give it reasonable
			 cause to believe that there is a false, deceptive, or fraudulent statement(s)
			 made by a Prospective Bidder on the application, the Prequalification Committee
			 shall make a recommendation to the Board of Review for action to be taken
			 against the Prospective Bidder which may include but is not limited to
			 permanent revocation of the Contractor's Certificate of Qualification or
			 Subcontractor's Certificate of Registration or the suspension of such
			 Certificate of Qualification or Certificate of Registration for a certain
			 period of time. The Prequalification Committee shall cause a copy of this
			 recommendation to be served upon the Prospective Bidder, which may be served
			 personally or by certified mail, return receipt requested, mailed to the
			 Prospective Bidder's last known mailing address.
(b) The Prospective Bidder may request an
			 informal hearing in writing within ten (10) days of receipt of the
			 recommendation of the Prequalification Committee. The informal hearing will be
			 before the Board of Review. The purpose of this informal hearing is to provide
			 an opportunity for the Prospective Bidder to respond to the findings of the
			 Prequalification Committee before formal action is taken. At this informal
			 hearing, neither the Department nor the Prospective Bidder shall be represented
			 by an attorney nor be allowed to present witnesses. Documentary evidence may be
			 presented by the Department or Prospective Bidder. Failure to request a formal
			 hearing within ten (10) days after receipt of recommendation from the
			 Prequalification Committee shall act as waiver of any additional appeal rights
			 of the Prospective Bidder.
(c) If a
			 request for an informal hearing is received timely from the Prospective Bidder,
			 the Board of Review shall set a date and time for an informal hearing to be
			 held in the matter, and shall issue a written notice of the informal hearing to
			 the Prospective Bidder. The written notice of the informal hearing shall inform
			 the Prospective Bidder of the charges against it and of the date and time of
			 the informal hearing. The written notice may be served personally or by
			 certified mail, return receipt requested, mailed to the Prospective Bidder's
			 last known mailing address.
(d)
			 Within fourteen (14) days after the conclusion of the informal hearing, the
			 Board of Review shall render a written Preliminary Decision. The Board of
			 Review shall cause a copy of this Preliminary Decision to be served upon the
			 Prospective Bidder, which may be served personally or by certified mail, return
			 receipt requested, mailed to the Prospective Bidder's last known mailing
			 address. Within fourteen (14) days of receipt of the Preliminary Decision, the
			 Prospective Bidder may request a formal hearing with the Commissioner. Failure
			 to request a formal hearing within fourteen (14) days after receipt of the
			 Preliminary Decision shall act as waiver of any additional appeal rights of the
			 Prospective Bidder and the Preliminary Decision of the Board of Review shall
			 become the Final Decision.
(e) In
			 the event that a formal hearing has been requested by the Bidder, the
			 Commissioner shall set a date and time for a hearing to be held in the matter,
			 and shall issue a written notice of the hearing to the Prospective Bidder. The
			 written notice of the hearing shall inform the Prospective Bidder of the
			 charges against it, of the date and time of the hearing, and of its right to
			 attend, to be represented by counsel, to cross-examine witnesses against it,
			 and to respond and present evidence on all issues. The written notice may be
			 served personally or by certified mail, return receipt requested, mailed to the
			 Prospective Bidder's last known mailing address.
(f) Within thirty (30) days after the
			 hearing, the Commissioner shall issue a Final Decision and shall cause a copy
			 of this recommendation to be served upon the Prospective Bidder, which may be
			 served personally or by certified mail, return receipt requested, mailed to the
			 Prospective Bidder's last known mailing address. In the event the Commissioner
			 determines that there is cause for suspension or revocation, the Commissioner
			 shall direct the Prequalification Committee either to revoke the Contractor's
			 Certificate of Qualification or Subcontractor's Certificate of Registration or
			 to suspend the Certificate of Qualification or Certificate of Registration for
			 a period of no less than thirty (30) days and no more than five (5)
			 years.
(g) An appeal from the Final
			 Decision of the Commissioner is directly appealable to the Superior
			 Court.