Wis. Admin. Code Department of Administration § Adm 24.02 - Definitions

Current through November 29, 2021

In this chapter:

(1) "Adequate evidence" means information sufficient to support a reasonable belief that a particular act or omission has occurred.
(2) "Affiliate" means a business entity or individual having a relationship whereby one directly or indirectly controls or can control the other or whereby a third business entity or individual directly or indirectly controls or can control the subject business entity or individual.
(3) "Civil judgment" means a judgment in a civil action by any court of competent jurisdiction.
(4) "Consolidated list" means a list compiled and maintained by the department and containing the names of contractors that have been debarred or suspended under this chapter or that have been declared ineligible under statute, rule, order or legal authority other than this chapter.
(5) "Contractor" means any individual or any legal entity, including its officers and directors, that submits bids or proposals for, or is awarded or may reasonably be expected to submit bids or proposals for or be awarded a department contract. "Contractor" includes any subcontractor of a contractor that conducts business with the department as an agent or representative of a contractor and any individual or legal entity that conducts business with the department as an agent or representative of a contractor.
(6) "Conviction" means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea and includes a conviction entered upon a plea of no contest.
(7) "Debarment" means action taken by the department under s. Adm 24.05 to exclude a contractor from contracting with the department and from department-approved subcontracting for a specified period. A contractor so excluded is "debarred."
(8) "Department" means the Wisconsin department of administration.
(9) "Hearing examiner" means a designee of the secretary who is authorized to conduct a fact-finding hearing and to prepare written findings of fact and who may be authorized to issue debarment and suspension decisions pursuant to this chapter.
(10) "Indictment" includes an indictment for a criminal offense, an information or any other filing by a competent authority charging a criminal offense that results in finding probable cause to believe a felony has been committed and in binding the defendant over for trial.
(11) "Ineligible" means excluded from contracting with the department and, if appropriate, from department-approved subcontracting, under statute, rule, order or legal authority other than this chapter.

Note: Examples of reasons for ineligibility are wage-rate violations, civil rights violations and deficient progress.

(12) "Secretary" means the secretary of the department or an authorized representative or designee.
(13) "Suspension" means action taken by the department under s. Adm 24.06 to exclude a contractor from contracting with the department or from department-approved subcontracting temporarily pending the completion of an investigation or of a debarment decision-making proceeding. A contractor so excluded is "suspended."

Notes

Wis. Admin. Code Department of Administration § Adm 24.02
CR 10-063: cr. Register December 2010 No. 660, eff. 1-1-11.

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