6 Miss. Code. R. 5-1.9 - Debarring Official's Decision

A. No Agency Proceeding Necessary. In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis of all the information in the administrative record, including any submissions made by the respondent. The decision shall be made within 30 days after receipt of any information and argument submitted by the respondent, unless the debarring official extends this period for good cause.

B. Agency Proceeding Necessary

(i). In actions in which an Agency Proceeding is necessary to determine disputed material facts, written findings of fact shall be prepared. The debarring official shall base the decision on the facts as found, together with any information and argument submitted by the respondent and any other information in the administrative record.

(ii). The debarring official's decision shall be made after the conclusion of the Agency Proceeding and careful consideration of all information provided by the parties involved with respect to disputed facts.

C. Standard of Proof

(i). In any debarment action, the cause for debarment must be established by a preponderance of the evidence. Where the proposed debarment is based upon a conviction or a civil judgment, the standard shall be deemed to have been met.

(ii). Preponderance of the evidence is proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.

(iii). The burden of proof is on the agency proposing debarment.

D. Notice of Debarring Official's Final Decision

(i). If the debarring official decides to impose debarment,

(a), the respondent shall be given prompt written notice by certified mail:

(b). Referring to the notice of proposed debarment;

(c). Specifying the reasons for debarment;

(d). Stating the period of debarment, including effective dates;

and,

(e). Advising that the debarment is effective for covered transactions throughout the agency,

(ii). If the debarring official decides not to impose debarment, the respondent shall be given prompt written notice by certified mail of that decision. A decision not to impose debarment shall be without prejudice to a subsequent imposition of debarment by any other agency,

(iii). The decision of the debarring official is final.

Notes

6 Miss. Code. R. 5-1.9

Miss. Code Ann. § 57-5-5 (Rev. 2008)