(1) The Certification of Qualification or the
Certificate of Registration of any Person who makes or causes to be made any
false, deceptive, or fraudulent statement(s) on the application required to be
submitted, or in the course of any hearing under these Rules, may be
temporarily suspended or permanently revoked.
(2) The following process will apply when the
Prequalification Committee receives information to give it reasonable cause to
believe that there is a false, deceptive, or fraudulent statement(s) made by a
Prospective Bidder on the application:
(a)
When the Prequalification Committee receives information to give it reasonable
cause to believe that there is a false, deceptive, or fraudulent statement(s)
made by a Prospective Bidder on the application, the Prequalification Committee
shall make a recommendation to the Board of Review for action to be taken
against the Prospective Bidder which may include but is not limited to
permanent revocation of the Contractor's Certificate of Qualification or
Subcontractor's Certificate of Registration or the suspension of such
Certificate of Qualification or Certificate of Registration for a certain
period of time. The Prequalification Committee shall cause a copy of this
recommendation to be served upon the Prospective Bidder, which may be served
personally or by certified mail, return receipt requested, mailed to the
Prospective Bidder's last known mailing address.
(b) The Prospective Bidder may request an
informal hearing in writing within ten (10) days of receipt of the
recommendation of the Prequalification Committee. The informal hearing will be
before the Board of Review. The purpose of this informal hearing is to provide
an opportunity for the Prospective Bidder to respond to the findings of the
Prequalification Committee before formal action is taken. At this informal
hearing, neither the Department nor the Prospective Bidder shall be represented
by an attorney nor be allowed to present witnesses. Documentary evidence may be
presented by the Department or Prospective Bidder. Failure to request a formal
hearing within ten (10) days after receipt of recommendation from the
Prequalification Committee shall act as waiver of any additional appeal rights
of the Prospective Bidder.
(c) If a
request for an informal hearing is received timely from the Prospective Bidder,
the Board of Review shall set a date and time for an informal hearing to be
held in the matter, and shall issue a written notice of the informal hearing to
the Prospective Bidder. The written notice of the informal hearing shall inform
the Prospective Bidder of the charges against it and of the date and time of
the informal hearing. The written notice may be served personally or by
certified mail, return receipt requested, mailed to the Prospective Bidder's
last known mailing address.
(d)
Within fourteen (14) days after the conclusion of the informal hearing, the
Board of Review shall render a written Preliminary Decision. The Board of
Review shall cause a copy of this Preliminary Decision to be served upon the
Prospective Bidder, which may be served personally or by certified mail, return
receipt requested, mailed to the Prospective Bidder's last known mailing
address. Within fourteen (14) days of receipt of the Preliminary Decision, the
Prospective Bidder may request a formal hearing with the Commissioner. Failure
to request a formal hearing within fourteen (14) days after receipt of the
Preliminary Decision shall act as waiver of any additional appeal rights of the
Prospective Bidder and the Preliminary Decision of the Board of Review shall
become the Final Decision.
(e) In
the event that a formal hearing has been requested by the Bidder, the
Commissioner shall set a date and time for a hearing to be held in the matter,
and shall issue a written notice of the hearing to the Prospective Bidder. The
written notice of the hearing shall inform the Prospective Bidder of the
charges against it, of the date and time of the hearing, and of its right to
attend, to be represented by counsel, to cross-examine witnesses against it,
and to respond and present evidence on all issues. The written notice may be
served personally or by certified mail, return receipt requested, mailed to the
Prospective Bidder's last known mailing address.
(f) Within thirty (30) days after the
hearing, the Commissioner shall issue a Final Decision and shall cause a copy
of this recommendation to be served upon the Prospective Bidder, which may be
served personally or by certified mail, return receipt requested, mailed to the
Prospective Bidder's last known mailing address. In the event the Commissioner
determines that there is cause for suspension or revocation, the Commissioner
shall direct the Prequalification Committee either to revoke the Contractor's
Certificate of Qualification or Subcontractor's Certificate of Registration or
to suspend the Certificate of Qualification or Certificate of Registration for
a period of no less than thirty (30) days and no more than five (5)
years.
(g) An appeal from the Final
Decision of the Commissioner is directly appealable to the Superior
Court.
(3) For a false,
deceptive or fraudulent statement made in the course of any hearing with the
Commissioner, the Commissioner will have the power to immediately permanently
revoke the Contractor's Certificate of Qualification or Subcontractor's
Certificate of Registration or to suspend such Certificate of Qualification or
Certificate of Registration for a period of time as determined by the
Commissioner. An appeal from the decision of the Commissioner is directly
appealable to the Superior Court.