Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.1 - Contractor Debarment Procedures › Rule 18.3.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions shall apply for the purpose of
				  these rules:
(1) "Adequate evidence"
				means information sufficient to support the reasonable belief that a particular
				act or omission has occurred.
(2)
				"Administrator" is an administrator of a division of the Montana department of
				transportation.
(3) "Commission" is
				the Montana transportation commission.
(4) "Convicted" means any finding of guilt of
				an offense, whether after a trial or upon a plea of guilty or nolo contendere
				(or any equivalent) in any court in the United States, whether or not it is
				pending appeal. A conviction ceases to be a conviction only when it is later
				reversed by a court of competent jurisdiction.
(5) "Debarment" is an action taken or
				decision made by an agency, other than temporary determinations of
				nonresponsibility or suspension, that excludes a person from bidding on or
				participating in projects and contracts. Debarment or suspension of a person
				under these rules constitutes debarment or suspension of all its divisions and
				other organizational elements.
(6)
				"Department", unless obviously referring to another agency, is the Montana
				department of transportation.
(7)
				"Director" is the director of the Montana department of
				transportation.
(8) "Notice" is
				written communication served in person or sent by certified mail, return
				receipt requested or equivalent, to the last known address of a person, its
				identified counsel, its agent for service of process, its then-listed corporate
				agent, or any partner, officer, director, owner, or joint venturer of the
				party. Notice, if returned by the U.S. postal service as being undeliverable by
				mail, shall be considered to have been received by the addressee five days
				after being properly sent to the last address known to the department. It is
				the responsibility of persons doing business with the department to provide
				current, accurate mailing addresses.
(9) "Participating" in a department project
				means a person performing any work in any capacity (e.g., prime contractor,
				subcontractor, sub-subcontractor, clearing rights-of-way for utilities,
				designer, consultant, etc.), or providing any equipment, labor, services, or
				materials to be used in the project.
(10) "Person" is any individual, corporation,
				partnership, firm, association or other legal entity, however
				organized.
(11) "State" applies to
				any of the United States and the District of Columbia, unless by its use in
				these rules it clearly is limited only to Montana.
(12) "Suspension" is a temporary exclusion of
				a person from bidding on or participating in contracts, work or projects during
				the period pending completion of any investigation into, and the initiation and
				completion of, possible debarment proceedings as may ensue. It is a
				discretionary administrative decision by the director, and is appealable only
				to the commission under the procedures stated in ARM
				18.3.106.
60-2-201 and
					 60-3-101, MCA; IMP,
					 60-2-111,
					 60-2-112, and
					 60-2-201,
					 MCA;