Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 18 - Contractor Disqualification for Misconduct
Section 7 CSR 10-18.070 - Period of Disqualification

Universal Citation: 7 MO Code of State Regs 10-18.070

Current through Register Vol. 49, No. 18, September 16, 2024

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.

*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).

Disclaimer: These regulations may not be the most recent version. Missouri 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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