Minnesota Administrative Rules

1230.3600 DEBARMENT BASED ON AFFILIATION.

Subpart 1.

Conviction of business imputed to person.

The conviction of a business in any jurisdiction, for offenses listed in part 1230.3200 is imputed to any principal or other person associated with the business subject to debarment or suspension, who participated in, knew of, or had reason to know of the conduct.

Subp. 2.

Debarment.

A business must be debarred when it:

A.

employs a former principal of a debarred or suspended business or person described in subpart 1 as an officer, director, manager, or in another significant decision-making capacity;

B.

is owned by or associated in a joint venture with a debarred or suspended business or is controlled by a principal or former principal of a debarred or suspended business; or

C.

is a business in which a former principal of a debarred or suspended business has a significant financial interest and the former principal has the authority to or will control, direct, manage, or influence any activities of the business with respect to the Mn/DOT contract in question.

Subp. 3.

Procedure.

A business described in subpart 2 must be debarred after a hearing or opportunity for hearing conducted under Minnesota Statutes, chapter 14.

Subp. 4.

Duration.

The period of debarment must be the same as that of the debarred former principal or business.

Statutory Authority:

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

History:

9 SR 1186

Published Electronically:

January 14, 2005