In addition to the provisions and procedures for suspension and/or debarment of contractors and their affiliates from bidding on and/or contracting for highway improvement contracts, or from participating as a subcontractor under any such contract, all as detailed more fully in §9.6 of this title (relating to Procedure for Debarment of a Contractor), and §9.7 of this title (relating to Procedure for Suspension of a Contractor), the commission may also suspend or debar a contractor and its affiliates in the same manner and pursuant to the same procedures for the following reasons.

1. (1) Suspension.

   1. (A) Indictment of a contractor on a charge of a bidding crime, as the term bidding crime is defined in §9.6 of this title (relating to Procedure for Debarment of a Contractor) and §9.7 of this title (relating to Procedure for Suspension of a Contractor). Suspension on such grounds shall remain in effect until final resolution of the criminal charges.
   2. (B) Any evidence which is adequate to establish probable cause to believe that a contractor has committed a bidding crime or any offense which indicates a lack of moral or ethical integrity and which relates to or reflects upon the business practices of the contractor. In assessing adequate evidence, consideration should be given to how much credible information is available, its reasonableness in view of surrounding circumstances, corroboration or lack thereof as to important allegations, and inferences which may be drawn from the existence or absence of affirmative facts.
2. (2) Debarment. Adequate evidence as detailed and defined in paragraph (1)(B) of this section.

Source Note:The provisions of this §9.8 adopted to be effective November 16, 1982, 7 TexReg 3886.