Mich. Admin. Code R. 125.218 - Reinstatement

Current through Register Vol. 21-17, October 1, 2021

Rule 218.

(1) Debarred participants or contractors shall not be allowed to resume participation in authority programs or transactions until expiration of the period of debarment or until a petition for early reinstatement has been submitted and approved by an authorized officer of the authority, whichever occurs first.
(2) Petitions for early reinstatement shall only be submitted as follows:
(a) Upon discovery of new evidence which was not previously discoverable or upon the dismissal of criminal charges or a civil or administrative action, the reversal of a criminal conviction or a civil judgment, or the reversal of the debarment or other exclusion imposed by another governmental agency, upon which the authority debarment was based.
(b) Upon a bona fide change in ownership or management of the person debarred.
(c) Upon proof that the causes for debarment have been eliminated.
(3) A petition for early reinstatement may be submitted as follows:
(a) Immediately after the occurrence of events set forth in subrule (2)(a) of this rule.
(b) Not less than 6 months after the issuance of a final decision of debarment if the petition is based upon reasons set forth in subrule (2)(b) and (c) of this rule.
(4) The petition for early reinstatement shall be submitted to the authority officer who issued the decision to debar or to his or her successor. The petition shall be accompanied by written evidence that supports the request. The authority officer may request a written response to the petition from the authority officials or staff that initiated the debarment proceedings. There shall not be a hearing upon a petition for early reinstatement unless ordered by the authority officer ruling upon the petition. The authority officer may refer a petition for early reinstatement, together with evidence submitted in connection with or in response to the petition, to a hearing officer for review and written recommendation.

Notes

Mich. Admin. Code R. 125.218
1991 AACS

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