WEST VIRGINIA CODE
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
(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
(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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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