Mo. Code Regs. tit. 7 § 10-10.090
Current through Register Vol. 49, No.12, June 17, 2024
Section 7 CSR 10-10.090 - Reservation of Rights to Recommend or Declare Persons or Contractors Nonresponsible on Other GroundsPURPOSE: This rule reserves to the department the right to recommend disqualification of, and to the commission the right to disqualify persons, firms or contractors for reasons other than those set forth in this chapter.
(1) Nothing in this chapter shall be construed to waive, limit or restrict the right of the department to determine that a contractor be declared nonresponsible, if any individual rating on one (1) or more of the four (4) rating categories specified in 7 CSR 10-10.030 is so low that there is cause to believe that the contractor cannot responsibly or competently perform contract work generally, or of a particular type or description. The department reserves the right to declare disqualified any contractor it finds to be incompetent or non-responsible, with such terms and conditions governing the disqualification as it deems appropriate.(2) Nothing in this chapter shall be construed to waive, limit or restrict the right of the department or of the commission to determine and declare that a person, firm, corporation or contractor be disqualified for any other legal reason or circumstance that would support a finding that the person, firm, corporation, or contractor was nonresponsible, including but not limited to financial irresponsibility or a demonstrated lack of concern for public or employee safety or environmental responsibility. The commission reserves the right to declare nonresponsible any person, firm, corporation or contractor which it finds to be nonresponsible or ineligible upon sufficient legal grounds, with those terms and conditions governing that action as it deems appropriate. AUTHORITY: sections 226.020, 226.130, 227.030 and 227.105, RSMo 2000.* Original rule filed Dec. 31, 1990, effective July 8, 1991. Emergency rescission and rule filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended Filed Dec. 5, 2006, effective July 30, 2007. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo 1996.