Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 11 - PREQUALIFICATION OF CONTRACTORS AND BIDDING › Rule 2 - Requirements for Prequalification of Contractors › Section 2-9 - Appeals procedure

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-21.5; IC 8-23-10
Sec. 9.
(a) A
				contractor aggrieved by the decision of the department in regard to the
				contractor's qualification, suspension, withdrawal, revocation, or change in
				either classification or rating may make a written request for consideration to
				the prequalification engineer, with a copy to the commissioner, within fifteen
				(15) days after receiving such notification.
(b) The contractor may follow the procedure
				outlined in STEP ONE and STEP TWO, or the contractor may elect for a hearing as
				set forth in STEP TWO. The contractor shall, in its letter, specify which
				relief it is requesting. If the contractor fails to make an election in its
				letter, it will be presumed that the contractor has elected to follow and be
				bound by the procedural steps and cutoff procedures set forth in STEP ONE and
				STEP TWO, in that order as follows:
STEP ONE: The request must include written justification
				  bearing on its qualification. In addition, the contractor may request a
				  personal interview. The prequalification committee will consider the written
				  request by certified mail or personal service within fifteen (15) days after
				  its receipt. The prequalification committee may request additional information,
				  a personal interview with the contractor, or both. The prequalification
				  committee will make a recommendation to the commissioner who shall notify the
				  contractor in writing of the decision. The decision becomes effective after all
				  avenues of appeal under STEP TWO are exhausted. It will be presumed that in the
				  event the contractor has made no election as to a personal interview that the
				  contractor has elected not to request a personal interview.
STEP TWO: If the contractor is dissatisfied with the STEP ONE
				  decision, the contractor may make a written request by certified mail or
				  personal service within fifteen (15) days of receipt of the STEP ONE decision
				  for an adjudication hearing in accordance with IC 4-21.5. This request must be
				  sent to the prequalification engineer with a copy to the commissioner. Upon
				  receipt of the notice, the commissioner will serve the contractor with written
				  notice of the date, place, and time of the hearing and written notice of the
				  appointment of an administrative law judge.
(c) The hearing will be held within thirty
				(30) days of the receipt of the request, unless otherwise ordered by the
				administrative law judge.
(d) At
				the hearing, the contractor will bear the burden of proof when the action of
				the commissioner is under sections 1 through 2 of this rule. At the hearing,
				the contractor shall bear the burden of proof when the action of the
				commissioner is under either section 3 or 5 of this rule, unless the action
				involves the reduction of an unexpired certificate of qualification. At the
				hearing, the department shall bear the burden of proof when the action of the
				commissioner is under either sections 6 through 8 of this rule or section 11 of
				this rule.
(e) If the contractor
				fails to follow subsection (b) within the specified time frames, the contractor
				will be deemed to have accepted the decision of the department as final and
				deemed to have waived any right to further administrative appeal.