Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.040 - Opportunity to Appeal Proposed Disqualification and Review Board Proceedings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment adds language that
				  no appeal will be taken when the action involves a conviction, judgment,
				  admission or debarment, or other ineligibility determined by a state, political
				  subdivision, or federal entity.
(1) Appeal of Proposed Disqualification. Any
				contractor who is recommended for disqualification may appeal the decision to
				the review board and request an informal hearing.
(2) Procedure for Appeals. The contractor
				shall submit its request in writing for an informal hearing to the Secretary,
				Missouri Highways and Transportation Commission, P.O. Box 270, Jefferson City,
				MO 65102. Requests for review shall be submitted by the contractor within
				thirty (30) calendar days after the date the notice of proposed
				disqualification was mailed to the contractor. If the contractor requests a
				timely informal hearing, the department shall advise the contractor of the
				time, date and place for the informal hearing. This is not a contested case
				under Chapter 536, RSMo. The rules of evidence shall not apply at the
				hearing.
(3) Review Board
				Proceedings. The review board shall review the information received by the
				department and the contractor regarding the proposed disqualification. The
				contractor may submit documentation to support its position at the informal
				hearing. The contractor may also present any argument regarding the proposed
				disqualification. Additionally, the review board may request further
				information or documentation from the contractor or any department employee,
				and shall be provided with any further information or documents deemed relevant
				to its review. Upon review of all the information provided to the review board,
				the review board will make its written findings and recommendations to the
				chief engineer.
(4) Time of Review
				Board's Proposed Finding and Recommendation. The review board will make its
				findings and recommendations within thirty (30) days after the conclusion of
				the review board's hearing.
(5)
				Review Board's Written Report. The review board shall make a written report to
				the chief engineer, summarizing its findings and recommendations regarding
				whether the contractor should be disqualified. A cause for disqualification
				must be established by a preponderance of the evidence. The chief engineer may
				concur in or modify the review board's findings and recommendations.
(6) Procedures for When No Appeal is Taken on
				the Department's Recommendation. If the contractor does not timely appeal the
				department's recommendation, the division engineer or director shall forward
				the recommendation to the chief engineer for an abbreviated review of the
				written recommendation for disqualification, setting forth its supporting
				reasons. The review board will not participate in this review. If the chief
				engineer does not concur in the recommendation that the contractor be
				disqualified, s/he shall notify the contractor in writing of its continued
				status as responsible. If the chief engineer believes disqualification is
				appropriate after this review, s/he shall inform the contractor of the
				department's decision that the contractor be disqualified and the length of
				time for the disqualification.
(7)
				No Appeal for Certain Causes of Disqualification. Whenever a proposed action is
				based upon a conviction, judgment, admission, or debarment, or other
				declaration of ineligibility by another state, political subdivision, or
				federal entity for any of the causes listed in subsection (1)(C) or (E) of
				7 CSR
				10-18.020, and adequate evidence of that event may be
				established by documented evidence a fact-finding hearing need not be
				conducted.
*Original authority: 226.020, RSMo (1939); 226.130, RSMo
					 (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo
					 (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo
					 (1939).