6 Miss. Code. R. 5-1.10 - Period of Debarment

A. Debarment shall be for a period of time commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.

B. The debarring official may extend an existing debarment for an additional period, if that official determines that an extension is necessary to protect the public interest.

C. Debarment for causes set forth in Rule 1.5(a)(4) through Rule 1.5(c)(3) generally should not exceed three (3) years. Where circumstances warrant, a longer period of debarment may be imposed.

D. Debarment for cause set forth in Rule 1.5(a)(1), (2) and (3) generally shall not exceed seven (7) years.

E. The debarring official may extend an existing debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. However, a debarment may not be extended solely on the basis of the facts and the circumstances upon which the initial debarment action was based. If debarment for an additional period is determined to be necessary, the procedures set forth at Rule 5.7 "Notice of Proposed Debarment" shall be followed to extend the debarment.

F. The respondent may request the debarring official reverse the debarment decision or to reduce the period or scope of debarment. Such a request shall be in writing and supported by documentation. The debarring official may grant such a request for reasons including, but not limited to:

(i). Newly discovered material evidence;

(ii). Reversal of the conviction or civil judgment upon which the debarment was based;

(iii). Bonafide change in ownership or management;

(iv). Elimination of other causes for which the debarment was imposed; Or,

(v). Other reasons the debarring official deems appropriate.

G. Where respondent's request to reduce the period or scope of debarment is based on reasons set forth at Rule 1.10(f) such request may not be submitted earlier than six (6) months after the final decision to debar. In no event may more than one such request be submitted within any 18-month period.

Notes

6 Miss. Code. R. 5-1.10

Miss. Code Ann. § 57-5-5 (Rev. 2008)