PURPOSE: This rule reserves to the department the right to recommend disqualification of, and to the commission the right to disqualify persons, firms or contractors for reasons other than those set forth in this chapter.

1. (1) Nothing in this chapter shall be construed to waive, limit or restrict the right of the chief engineer to recommend that a contractor be declared nonresponsible, if any individual rating on one (1) or more of the three (3) rating categories specified in 7 CSR 10-10.030 is so low that the chief engineer has cause to believe that the contractor cannot responsibly or competently perform contract work generally, or of a particular type or description. The commission reserves the right to declare nonresponsible any contractor which it finds to be incompetent or nonresponsible, with those terms and conditions governing the disqualification as it deems appropriate.
2. (2) Nothing in this chapter shall be construed to waive, limit or restrict the right of the chief engineer to recommend that a person, firm, corporation or contractor be declared nonresponsible for any other legal reason, circumstance, or for financial irresponsibility that would support a finding that the person, firm, corporation, or contractor was nonresponsible. The commission reserves the right to declare nonresponsible any person, firm, corporation or contractor which it finds to be nonresponsible upon sufficient legal grounds, with those terms and conditions governing the disqualification as it deems appropriate.

AUTHORITY: sections 226.020, 226.130, 227.030 and 227.100, RSMo 2000.* Original rule filed Dec. 31, 1990, effective July 8, 1991. Emergency rescission and rule filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. 7 CSR 10-10 Amended: Filed Dec. 1, 2000, effective May 30, 2001. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; 227.100, RSMo 1939, amended 1963, 1967, 1969.