Current through Register Vol. 43, No. 39, September 26, 2024
(a) Cause. The
secretary may impose suspension on a contractor when:
(1) adequate evidence exists so as to raise a
reasonable suspicion that any of the causes set forth in K.A.R. 36-31-2(a) are
present; and
(2) the decision of
the secretary is in the best interest of the state.
(b) Procedures.
(1) The secretary may, upon determining from
reports, investigations, or other documents that cause exists under K.A.R.
36-31-3(a) to suspend a contractor, impose suspension upon the contractor and
any named affiliates. The secretary shall furnish written notice to the
contractor and any named affiliates at least five days before the effective
date of suspension. The notice shall state:
(A) that a suspension has been imposed;
(B) the effective date of the
suspension;
(C) the facts giving
rise to the suspension;
(D) the
cause or causes under 36-31-2(a) relied upon for the suspension;
(E) that the suspension is for a temporary
period pending the completion of an investigation and any ensuing legal or
debarment proceedings;
(2) Within 30 days after receipt of the
notice, the contractor may submit to the secretary, in writing, information and
argument in opposition to or clarification of the suspension.
(3) Except when the suspension is based on a
conviction, judgment, or admission, a hearing shall be conducted if the
secretary determines that the contractor's submission raises a genuine dispute
over material facts upon which the suspension is based. The secretary shall
determine whether this hearing is necessary within 10 days from receipt of the
contractor's submission.
(4) If
the secretary determines a hearing should be held, the hearing shall be held in
accordance with the rules in K.A.R. 36-31-2(b), except that the hearing shall
be for suspension and not for debarment.
(c) Period. A suspension shall be for a
temporary period pending the completion of investigation and any ensuing legal
or debarment proceedings, unless sooner terminated by the secretary. A
suspension shall not continue for more than 6 months from its effective date,
unless civil or criminal action regarding the alleged violation has been
initiated within that period, or unless debarment proceedings have been
initiated. The suspension shall continue until the legal or debarment
proceedings are completed.
(d)
Scope. The scope of suspension shall be the same as that for debarment, set
forth in K.A.R. 36-31-2(d).
