Wis. Admin. Code Department of Transportation § Trans 504.02 - Definitions

In this chapter:

(1) "Adequate evidence" means information sufficient to support a reasonable belief that a particular act or omission has occurred.

(2) "Affiliates" means business concerns or individuals having a relationship whereby one directly or indirectly controls or can control the other or whereby a third business concern or individual directly or indirectly controls or can control the subject business concerns or individuals.

(3) "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.

(4) "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. This definition 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.

(5) "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 nolo contendere plea.

(6) "Debarment" means action taken by the department under s. Trans 504.05 to exclude a contractor from contracting with the department and from department-approved subcontracting for a specified period. A contractor so excluded is "debarred."

(7) "Department" means the Wisconsin department of transportation.

(8) "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.

(9) "Ineligible" means excluded from contracting with the department and, if appropriate, from department-approved subcontracting, if 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.

(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) "Judgment" means a judgment in a civil action by any court of competent jurisdiction.

(12) "Secretary" means the secretary of the department or an authorized representative or designee.

(13) "Suspension" means action taken by the department under s. Trans 504.06 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 Transportation § Trans 504.02

Cr. Register, December, 1983, No. 336, eff. 1-1-84.