2 Colo. Code Regs. § 601-10-2.09
Current through Register Vol. 47, No. 11, June 10, 2024
Section 2 CCR 601-10-2.09 - Summary Suspension and Revocation Procedures2.09.1 The following procedures shall govern any summary Suspension or Revocation of Prequalification, other than termination of Prequalification as part of any Debarment action that shall be processed in accordance with the provisions of Chapter Three of the rules: (a) Anyone may contact CDOT concerning information warranting Revocation of Prequalification of a Contractor as set forth in the criteria of Sections 2.04 and 2.08 . If the CDOT Contracts and Market Analysis Branch Manager become aware of information warranting Revocation of Prequalification of a Contractor; Revocation of Prequalification may be initiated by sending a Notice of intent to revoke Prequalification or of summary Suspension of Prequalification or of both. Notice shall be sent to the Contractor by certified mail return receipt requested. The Notice shall include a written statement of reasons for Revocation of Prequalification and advise the Contractor of the right of appeal to the CDOT Chief Engineer.(b) If the CDOT Contracts and Market Analysis Branch Manager has reasonable grounds to believe that the public health, welfare, or safety imperatively requires summary Suspension of Prequalification, the CDOT Contracts and Market Analysis Branch Manager may summarily suspend a Contractor's Prequalification in writing for a temporary period of time prior to completion of the procedures in subsections (c) and (d) of this section.(c) The Contractor may appeal a Notice of intent to summarily suspend Prequalification or revoke Prequalification. Any such appeal by the Contractor must be written and must be received by the CDOT Chief Engineer within sixty calendar days of the date the Contractor received the Notice. If no appeal is received as provided herein, the Contractor's Prequalification shall be revoked in accordance with the Notice.(d) When a timely appeal is received, a hearing shall be commenced within sixty calendar days. The hearing shall be conducted and the decision issued in accordance with the State Administrative Procedure Act (APA), Section 24-4-105, C.R.S. At the hearing the Contractor shall present information in support of its position subject to any evidentiary rulings made concerning relevancy and admissibility. At the hearing the cause for Revocation of Prequalification must be established by CDOT by a Preponderance of the Evidence.41 CR 17, September 10, 2018, effective 9/30/2018