Mississippi Administrative Code
Title 12 - Finance and Administration
Part 8 - Real Property Management Leasing Manual
Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES
Section 12-8-600.6 - DEBARMENT

Universal Citation: MS Code of Rules 12-8-600.6

Current through September 24, 2024

(1) Initiation of Debarment Action: Written notice of the proposed debarment shall be sent by certified mail to the contractor or prospective contractor. Such notice shall also be sent to the Attorney General and the affected agency or agencies that have current Leases with the contractor. If more than one affected agency is involved, the RPM Division Director may designate one or more representative to be consulted in respect to this action. The written notice shall:

a. State that debarment is being considered;

b. Set forth the reasons for the action;

c. State that if the contractor or prospective contractor so requests, a hearing will be held, provided such request is received by the RPM Division Director within seven (7) days after the contractor or prospective contractor receives notice of the proposed action.

(2) Request for Hearing: A contractor or prospective contractor that has been notified of a proposed debarment action may request in writing that a hearing be held. Such request must be received by the RPM Division Director within seven (7) days of receipt of notice of the proposed action. If no request is received within this period, a final determination may be made in accordance with Section 600.6.5Determination of Hearing Officer; Final Decision, after consulting with the Attorney General and the affected agency or agencies.

(3) Notice of Hearing: If a hearing is requested, the RPM Division Director may appoint a hearing officer to conduct the hearing and recommend a final decision. Otherwise, the RPM Division Director shall act as the hearing officer. The hearing officer shall send a written notice of the time and place of the hearing. Such notice shall be sent by certified mail, and shall state the nature and purpose of the proceedings. Copies shall be sent to the Attorney General and the affected agency or agencies.

(4) Authority of Hearing Officer: The hearing officer, in the conduct of the hearing, has the power, among others, to:

a. Hold informal conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding either by consent of the parties or upon such officer's own motion;

b. Require parties to state their positions with respect to the various issues in the proceeding;

c. Require parties to produce for examination those relevant witnesses and documents under their control;

d. Rule on motions, and other procedural items on matters pending before such officer;

e. Regulate the course of the hearing and conduct of participants therein;

f. Receive, rule on, exclude, or limit evidence, and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious;

g. Fix time limits for submission of written documents in matters before such officer;

h. Impose appropriate sanctions against any party or person failing to obey an order under these procedures, which sanctions may include:
i. Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;

ii. Excluding all testimony of an unresponsive or evasive witness; and,

iii. Expelling any party or person from further participation in the hearing;

i. Take official notice of any material fact not appearing in evidence in the record, if such fact is among the traditional matters of judicial notice.

(5) Hearing Procedures:

a. Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with applicable due process requirements. The weight to be attached to evidence presented in any particular form will be within the discretion of the hearing officer. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness was present. The hearing officer may require evidence in addition to that offered by the parties.

b. A hearing may be recorded but need not be transcribed except at the request and expense of the contractor or prospective contractor. A record of those present, identification of any written evidence presented, and copies of all written statements and a summary of the hearing shall be sufficient record.

c. Opening statements may be made unless a party waives this right.

d. Witness shall testify under oath or affirmation. All witnesses may be cross-examined.

Determination of Hearing Officer; Final Decision: The hearing officer shall prepare a written determination recommending a course of action. Such determination shall be given to the RPM Division Director. Copies shall also be sent to the contractor or prospective contractor, the Attorney General, and the affected agency or agencies. The contractor or prospective contractor shall have seven (7) days to file comments upon the hearing officer's determination. The RPM Division Director may request oral argument. After consultation with the affected using agency or agencies and the Attorney General, the RPM Division Director shall issue a final decision. Both the hearing officer's determination and the final decision shall recite the evidence relied upon. When debarment is recommended or ordered, the reasons for such action, and to what extent affiliates are affected, shall be set forth. In addition, the final determination shall inform the debarred person of its rights to administrative review.

(6) Effect of Debarment Decision: A debarment decision will take effect upon issuance and receipt by the contractor or prospective contractor. After the debarment decision takes effect, the contractor shall remain debarred until the debarment period specified in the decision expires. All active Leases with a contractor so debarred shall remain in full force and effect; however, Lease Proposals will not be solicited from the debarred person, and, if they are received, they will not be considered during the period of debarment.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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