Mo. Code Regs. tit. 7 § 10-18.070

Current through Register Vol. 49, No.12, June 17, 2024

Section 7 CSR 10-18.070 - Period of Disqualification

PURPOSE: This proposed amendment clarifies that a declaration to extend a disqualification period is appealable to the review board.

(1) Period of Disqualification. The period of disqualification of the contractor generally should not exceed three (3) years. Where circumstances warrant, a longer period of disqualification may be imposed.

(2) Extension of Period of Disqualification. The chief engineer may extend an existing disqualification for an additional period if the chief engineer determines that an extension is necessary to protect the public interest. The chief engineer shall determine whether an extended period of disqualification is warranted based upon the recommendation forwarded to him/her by the appropriate division engineer or director. The contractor will be notified regarding the intent to extend the disqualification period and will be afforded the opportunity to appeal in writing to the review board. A disqualification may not be extended solely on the basis of the facts and circumstances upon which the initial disqualification action was based. The chief engineer's decision shall be final and conclusive of these issues, subject to judicial review pursuant to section 536.150, RSMo.

(3) Reversal or Reduction of Disqualification. The contractor may request the chief engineer to reverse the disqualification decision or to reduce the period or scope of disqualification. Such a request shall be submitted in writing to the chief engineer and be supported by documentation. The chief engineer may grant such a request for reasons including, but not limited to, the following:

(A) Significant efforts on the part of the contractor to correct any previous cause for disqualification;

(B) Reinstatement from disbarment by the federal government or by any other state or political subdivision; or

(C) Any other substantive reason as determined by the department.

7 CSR 10-18.070

AUTHORITY: Art. IV, section 29, Mo. Const., sections 226.020, 226.150, 227.030, 227.100 and 227.210, RSMo (1994), 226.130, RSMo (Cum. Supp. 1996) and Title 49 Code of Federal Regulations part 29.* Original rule filed Dec. 12, 1996, effective June 30, 1997.

Amended by Missouri Register June 15, 2017/Volume 42, Number 12, effective 7/31/2017

*Original authority: 226.020, RSMo (1939); 226.130, RSMo (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo (1939).