Minnesota Administrative Rules

1230.3100 DEFINITIONS.

Subpart 1.

Scope.

The terms used in parts 1230.3000 to 1230.4300 have the meanings given them in this part.

Subp. 2.

Administrative law judge.

"Administrative law judge" means a person appointed under Minnesota Statutes, section 14.48 or 14.49, and assigned under Minnesota Statutes, section 14.50, to hear contested cases.

Subp. 3.

Business.

"Business" means a sole proprietor doing business as a contractor, subcontractor, or supplier, or a partnership, association, corporation, or other entity formed for the purpose of doing business as a contractor, subcontractor, or supplier.

Subp. 4.

Commissioner.

"Commissioner" means the commissioner of the Department of Administration.

Subp. 5.

Contract crime.

"Contract crime" means a violation of state or federal antitrust law, fraud, theft, embezzlement, bribery, forgery, misrepresentation, making false statements, falsification or destruction of records, or other criminal offense in connection with obtaining, attempting to obtain, or performing a public or private contract or subcontract.

Subp. 6.

Contractor.

"Contractor" means a person to whom the Minnesota commissioner of transportation has awarded a Mn/DOT contract for which competitive bids are required or taken.

Subp. 7.

Conviction.

"Conviction" has the meaning given to it in Minnesota Statutes, section 609.02, subdivision 5.

Subp. 8.

Debar.

"Debar" means to disqualify under parts 1230.3100 to 1230.4300 from entering into or receiving a Mn/DOT contract or from serving as a subcontractor or material supplier under a Mn/DOT contract.

Subp. 9.

Mn/DOT contract.

"Mn/DOT contract" means a written instrument:

A.

containing the elements of offer, acceptance, and consideration to which the Minnesota Department of Transportation is a party, or acts as an agent for a party under Minnesota Statutes, section 161.36, subdivisions 2 and 3, 360.016, subdivisions 2 and 3, or 360.039, subdivisions 2 and 3;

B.

for which competitive bids are required or taken; and

C.

which is subject to the approval of the commissioner.

Subp. 10.

Person.

"Person" means a natural person or a business.

Subp. 11.

Principal.

"Principal" means an officer, director, or partner, or an employee or shareholder engaged in management of the business.

Subp. 12.

Suspend.

"Suspend" means to temporarily disqualify from entering into or receiving a Mn/DOT contract or from serving as a subcontractor or material supplier under a Mn/DOT contract.

Statutory Authority:

MS s 16B.04; L 1984 c 654 art 2 s 8

History:

9 SR 1186

Published Electronically:

January 14, 2005