Mo. Code Regs. tit. 4 § 170-8.080

Current through Register Vol. 49, No. 23, December 2, 2024

Section 4 CSR 170-8.080 - Period of Debarment

PURPOSE: This rule establishes guidelines for establishing the period of time for which debarment may be imposed, as well as the grounds upon which the period of debarment may be either extended, reduced, or terminated early.

(1) Debarment shall be for a reasonable, definitely stated period of time which, as a general rule, shall not exceed five (5) years. If a temporary suspension is imposed under section 4 CSR 170-8.140(2), the time of debarment imposed on the person shall be reduced by the amount of time the person was temporarily suspended.

(2) The debarring official may extend an existing debarment for an additional period at its discretion if the debarring official determines that an extension is necessary to protect the public interest. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment action was based. If debarment for an additional period is determined to be necessary, the debarment procedures set forth in 4 CSR 170-8.060 shall be followed to extend the debarment.

(3) Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced in the discretion of the debarring official upon the submission of a good faith application under oath, supported by documentary evidence, setting forth substantial and appropriate grounds for the granting of relief. The debarring official may grant such a request for reasons including, but not limited to:

(A) Newly discovered material evidence;

(B) Reversal of the conviction or civil judgment upon which the debarment was based;

(C) Bona fide change in ownership, management, or control;

(D) Elimination of other causes for which the debarment was imposed; or

(E) Other reasons which the debarring official may deem appropriate.

4 CSR 170-8.080

AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Original rule filed Feb. 11, 2010, effective Aug. 30, 2010.

*Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.