2 Colo. Code Regs. § 601-10-3.04
Current through Register Vol. 47, No. 11, June 10, 2024
Section 2 CCR 601-10-3.04 - Procedures for Suspension and Debarment3.04.1 Anyone may contact CDOT concerning the existence of a cause for Debarment. If the CDOT Contracts and Market Analysis Branch Manager becomes aware of information warranting Debarment, as set forth in Section 3.03 , Suspension or Debarment or both may be initiated by sending a Notice of intent to suspend or debar. A Notice of intent to suspend or debar, or both, shall be sent to the Respondent by certified mail, return receipt requested. The Notice shall include a written statement of reasons for and the effect of the Suspension or proposed Debarment and inform the Respondent of the right of appeal to the CDOT Chief Engineer.3.04.2 The Respondent may appeal the Notice of intent to suspend or debar, or both. Any such appeal must be written and must be received by the CDOT Chief Engineer within sixty calendar days of the date the Respondent received the Notice. If no appeal is received as provided herein, the Respondent shall be suspended and/or debarred in accordance with the Notice.3.04.3 A hearing shall be commenced within sixty calendar days of receipt of an appeal. 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 Respondent shall present any information it feels is sufficient to prevent Debarment, subject to any evidentiary rulings made concerning relevancy and admissibility. At the hearing, the cause for Debarment must be established by CDOT by a Preponderance of the Evidence. When the proposed Debarment is based upon a Conviction or Civil Judgment, the standard of Preponderance of the Evidence shall be deemed to have been met.41 CR 17, September 10, 2018, effective 9/30/2018