WEST VIRGINIA CODE











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WVC 5 A- 3 - 33 E

§5A-3-33e. Debarment procedure.

(a) The director shall obtain lists of vendors declared

ineligible under federal laws and regulation and lists of vendors

who are in default on state obligations, and shall initiate

debarment proceedings with respect to such vendors, except when

good cause is shown which includes evidence that the vendor has

become responsible.

(1) In the case of federal ineligibility restrictions

applicable to state agencies, the director shall also notify the

appropriate agencies of any ineligibility determined under federal

authority.

(2) The director may also initiate debarment proceedings if he

or she finds probable cause for debarment for any ground set forth

in section thirty-three-d of this article.

(3) The director shall initiate debarment proceedings when any

state agency requests debarment of a vendor and the director finds

that probable cause for debarment exists.

(b) The director shall notify the vendor by certified mail,

return receipt requested, of the following:

(1) The reasons for the proposed debarment in sufficient

detail to put the vendor on notice of the conduct or transactions

upon which the proposed debarment is based;

(2) The causes relied upon for the proposed debarment;

(3) That within thirty working days after receipt of the

notice, the vendor may submit in writing information and argument in opposition to the proposed debarment;

(4) The procedures governing debarment decision-making; and

(5) The potential effect of the proposed debarment.

(c) In the event a vendor wishes to contest the debarment

decision, the director shall decide the matter in accordance with

the provisions of article five, chapter twenty-nine-a of this code.

(d) In any debarment decision, the director shall make a

specific finding, based on the substantial record, whether the

public interest requires that the debarment decision extend to all

commodities and services of the vendor, or whether the public

interest allows the debarment decision to be limited to specific

commodities or services.

(e) In any debarment decision, the director shall specify the

length of the debarment period. The debarment period must be for

the period of time that the director finds necessary and proper to

protect the public from an irresponsible vendor.

(f) Proof of grounds for debarment must be clear and

convincing.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.