Current through Vol. 24-22, December 15, 2024
Section R. 125.218 - Reinstatement after debarmentRule 218.
(1) Debarred participants or contractors may not resume participation in authority programs or transactions until expiration of the period of debarment or until a petition for early reinstatement has been submitted and approved by an authorized officer of the authority, whichever occurs first.(2) Petitions for early reinstatement may only be submitted as follows:(a) Upon discovery of new evidence that was not previously discoverable or upon the dismissal of criminal charges or a civil or administrative action, the reversal of a criminal conviction or a civil judgment, or the reversal of the debarment or other exclusion imposed by another governmental agency, upon which the authority debarment was based.(b) Upon a bona fide change in ownership or management of the person debarred.(c) Upon proof that the causes for debarment have been eliminated.(3) A petition for early reinstatement may be submitted as follows:(a) Immediately after the occurrence of events set forth in subrule (2)(a) of this rule.(b) Not less than 6 months after the issuance of a final decision of debarment if the petition is based upon reasons set forth in subrule (2)(b) and (c) of this rule.(4) The petition for early reinstatement must be submitted to the official who issued the final decision to debar, or to his or her successor. The petition must be accompanied by written evidence that supports the request. The official who issued the final decision may request a written response to the petition from the authorized officer that initiated the debarment proceedings. There shall not be a hearing upon a petition for early reinstatement unless ordered by the official ruling upon the petition. The official may refer a petition for early reinstatement, together with evidence submitted in connection with or in response to the petition, to a hearing officer for review and written recommendation.Mich. Admin. Code R. 125.218
1991 AACS; 2023 MR 6, Eff. 3/21/2023