Current through November, 2024
Section 3-126-12 - Suspension(a) After consultation with the affected purchasing agency, the respective attorney general or corporation counsel, and, where practicable, the person who is to be suspended, and upon written determination by the chief procurement officer or designee that probable cause exists for debarment as set forth in section 103D-702, HRS, that person shall be suspended.(b) A notice of suspension, including a copy of the determination, shall be sent to the suspended person stating that: (1) The suspension is for the period it takes to complete an investigation into possible debarment including any appeals of a debarment decision but shall not exceed three months unless the chief procurement officer or designee determines in writing that additional time is necessary to complete the investigation;(2) Bids or proposals will not be solicited from the suspended person, and if they are received, they will not be considered during the period of suspension; and(3) The suspended person may request a review in accordance with section 3-126-14.(c) The notice of suspension shall signal the start of the investigation for debarment.(d) A person is suspended upon issuance of the notice of suspension. The suspension will remain in effect during any appeals and may be terminated by the chief procurement officer or designee, an administrative hearings officer, or by a court, but otherwise shall only end when the suspension has been in effect in accordance with subsection (b)(1) or a debarment decision takes effect.[Eff 12/15/95; am and comp MAY 20 2004] (Auth: HRS §§ 103D-202, 103D- 702, 103D-709) (Imp: HRS §§ 103D-702, 103D-709, 103D-710)