- (1) A suspension may be ordered for cause or for a period pending the completion of investigation and any ensuing legal action for revocation of qualification.
- (2) The secretary may, upon determination from reports, other documents, or through investigation that cause exists to suspend the qualification of a contractor or design-builder, impose suspension upon a contractor or design-builder.
(3) The secretary may suspend qualification for:
- (a) Incompetency found detrimental to timely project completion or to the safety of the public or employees.
- (b) Inadequate performance on one or more projects.
- (c) Infractions of rules, regulations, specifications, and instructions which may adversely affect public health, welfare, and safety.
- (d) Uncompleted work which might prevent the prompt completion of other work.
- (e) A finding of noncompliance and refusal to agree to take corrective action, and/or failure to implement agreed upon corrective action to comply with equal employment opportunity, small, women's, minority, disadvantaged business enterprise, and veteran-owned business requirements or state apprentice utilization requirements.
- (f) Repeated findings of noncompliance (two or more) with equal employment opportunity, small, women's, minority, disadvantaged business enterprise, and veteran-owned business requirements or state apprentice utilization requirements.
- (g) Debarment or suspension from participation in federal or state projects.
- (h) Pending completion of debarment proceedings in federal or state projects.
(4) The minimum periods of suspension for acts or deficiencies enumerated above are as follows:
- (a) For subsection (3)(a) and (e) of this section - Three months.
- (b) For subsection (3)(b), (c), (d), and (f) of this section - Six months.
- (c) For subsection (3)(g) of this section - For duration of debarment or suspension by the federal or other state agency.
- (d) For subsection (3)(h) of this section - Until a determination is made by the federal or other state agency.
(5) The secretary may reduce the period of suspension upon the contractor's or design-builder's supported request for reasons including, but not limited to:
- (a) Newly discovered evidence;
- (b) Elimination of causes for which the suspension was imposed.
[Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-180, filed 11/6/25, effective 12/7/25; WSR 23-23-165, § 468-16-180, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-180, filed 12/23/14, effective 1/23/15; WSR 97-09-045 (Order 168), § 468-16-180, filed 4/15/97, effective 5/16/97; WSR 94-05-004, § 468-16-180, filed 2/2/94, effective 3/5/94; WSR 93-03-020 (Order 134), § 468-16-180, filed 1/12/93, effective 2/12/93; WSR 91-04-014 (Order 128), § 468-16-180, filed 1/28/91, effective 2/28/91.]