1. A. Provisions for the hearing and decision are set forth in R.S. 48:295.2(D), (E) and (F).

2. B. In addition to those provisions:

   1. 1. the department debarment hearing shall be as informal as practicable, consistent with fundamental due process of law principles. The debarment committee shall permit contractor/consultants to submit information and arguments in opposition to the proposed debarment. The department may require that a contractor/consultant's opposition be submitted in writing or may permit an oral presentation in person or through a representative;

   2. 2. if debarment is imposed, the department shall, within 14 days, notify the contractor/consultant and any affiliates involved by certified mail return receipt requested. The notice shall contain the following:

      1. a. reference to the notice of proposed debarment that initiated the action;
      2. b. reasons for debarment; and
      3. c. period of debarment, specifying the effective date;
   3. 3. if debarment is not imposed, the department shall give notice within 14 days from the date of the hearing of that fact to the contractor/consultant involved by certified mail return receipt requested.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:295 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Transportation and Development, Office of Highways/Engineering, LR 30:1489 (July 2004).