Wisconsin Administrative Code › Department of Transportation › Chapter Trans 504 - Debarment, suspension and ineligibility of department of transportation contractors › Section Trans 504.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Adequate evidence" means information sufficient to support a reasonable belief
			 that a particular act or omission has occurred.
(2) "Affiliates" means business concerns or
			 individuals having a relationship whereby one directly or indirectly controls
			 or can control the other or whereby a third business concern or individual
			 directly or indirectly controls or can control the subject business concerns or
			 individuals.
(3) "Consolidated
			 list" means a list compiled and maintained by the department and containing the
			 names of contractors that have been debarred or suspended under this chapter or
			 that have been declared ineligible under statute, rule, order or legal
			 authority other than this chapter.
(4) "Contractor" means any individual or any
			 legal entity, including its officers and directors, that submits bids or
			 proposals for or is awarded or may reasonably be expected to submit bids or
			 proposals for or be awarded a department contract. This definition includes any
			 subcontractor of a contractor that conducts business with the department as an
			 agent or representative of a contractor and any individual or legal entity that
			 conducts business with the department as an agent or representative of a
			 contractor.
(5) "Conviction" means
			 a judgment or conviction of a criminal offense by any court of competent
			 jurisdiction, whether entered upon a verdict or a plea and includes a
			 conviction entered upon nolo contendere plea.
(6) "Debarment" means action taken by the
			 department under s.
			 Trans
			 504.05 to exclude a contractor from contracting with
			 the department and from department-approved subcontracting for a specified
			 period. A contractor so excluded is "debarred."
(7) "Department" means the Wisconsin
			 department of transportation.
(8)
			 "Hearing examiner" means a designee of the secretary who is authorized to
			 conduct a fact-finding hearing and to prepare written findings of fact and who
			 may be authorized to issue debarment and suspension decisions pursuant to this
			 chapter.
(9) "Ineligible" means
			 excluded from contracting with the department and, if appropriate, from
			 department-approved subcontracting, if under statute, rule, order or legal
			 authority other than this chapter.
Note: Examples of reasons for ineligibility are wage-rate
				violations, civil rights violations and deficient progress.
(10) "Indictment" includes an indictment for
			 a criminal offense, an information or any other filing by a competent authority
			 charging a criminal offense that results in finding probable cause to believe a
			 felony has been committed and in binding the defendant over for
			 trial.
(11) "Judgment" means a
			 judgment in a civil action by any court of competent jurisdiction.
(12) "Secretary" means the secretary of the
			 department or an authorized representative or designee.
(13) "Suspension" means action taken by the
			 department under s.
			 Trans
			 504.06 to exclude a contractor from contracting with
			 the department or from department-approved subcontracting temporarily pending
			 the completion of an investigation or of a debarment decision-making
			 proceeding. A contractor so excluded is "suspended."