Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-4 - Prequalification committee

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-23-10
Sec. 4.
(a) There is
				hereby created a prequalification committee.
(b) The commissioner shall appoint the
				members of the prequalification committee and designate one (1) of them as
				chairman. The chairman shall preside at meetings, but the chairman is not
				entitled to vote unless the vote of the members of the prequalification
				committee is tied. In event of a tie vote, the chairman shall cast the deciding
				vote. The prequalification engineer will serve as secretary of the
				prequalification committee, but the secretary is not entitled to vote. Each
				member may designate in writing to the secretary an alternate member.
(c) The prequalification committee shall meet
				monthly and as called by the chairman. The prequalification committee must have
				a quorum present in order to transact business. A majority of the votes cast is
				required to adopt a motion. Abstentions shall not count as votes cast. The
				secretary is required to take minutes, including date, place, and time of
				meeting, the names of all present or absent, and to record all motions made and
				the votes cast thereon. The secretary of the prequalification committee is
				responsible for the keeping of minutes and for sending and posting annual
				notices and notices of emergency meetings.
(d) The prequalification committee may meet
				in executive session to consider matters of initial application for
				prequalification, renewal, suspension, change of classification or rating,
				revocation, appeal, or other matters pursuant to IC
				5-14-1.5-6(b).
				During the executive session, the prequalification committee is entitled to
				consider confidential information.
(e) The prequalification committee shall have
				jurisdiction over all recommendations under this article. The prequalification
				committee may act either on referrals to the prequalification committee or on
				its own initiative.
(f) The
				prequalification committee may investigate, request documents, and interview
				witnesses and other persons or entities with information deemed
				relevant.
(g) The prequalification
				committee may recommend a course of action to the commissioner. The
				commissioner may accept or reject the recommendation of the prequalification
				committee. In the event that an initial certificate of qualification is issued,
				a certificate of qualification issued is reissued, a change is made in a
				classification or rating of a contractor's certificate of qualification, a
				contractor's issued certificate of qualification is suspended, or a
				contractor's issued certificate of qualification is revoked, the commissioner
				shall notify the contractor in writing. All actions of the commissioner under
				this article are considered to be effective after all avenues of appeal under
				section 9 of this rule are exhausted. If the action involves the addition of a
				classification or the increase of a rating to a certificate of qualification,
				the certificate will become effective on the date the commissioner signs it and
				will be in effect during the administrative appeal under section 9 of this
				rule.