Trans 504.05(3)(a)(a) Referral. Department employees and all other persons having information appropriate for department consideration under this section shall promptly report that information to the secretary.

Trans 504.05(3)(b)(b) Decision-making process.

Trans 504.05(3)(b)1.1. The debarment decision-making process shall be as informal as practicable, consistent with fundamental due process of law principles. The debarment decision-making process shall permit contractors and any specifically named affiliates to submit information and arguments in opposition to a proposed debarment. The department may require that a contractor’s opposition be submitted in writing or may permit an oral presentation in person or through a representative.

Trans 504.05(3)(b)2.2. Whenever a proposal to debar is based upon a conviction, judgment or debarment by another state or federal entity for any of the causes listed in sub. (2), the department need not conduct a fact-finding hearing.

Trans 504.05(3)(b)3.3. Whenever a proposal to debar is not based upon a conviction, judgment, admission or debarment by another state or federal entity, and if the department finds that the contractor’s opposition raises a genuine dispute over facts relevant to the proposed debarment, the department shall conduct a fact-finding hearing. A department hearing examiner shall:

Trans 504.05(3)(b)3.a.a. Permit the contractor to appear with counsel, to submit documents, to present witnesses and to confront and cross-examine any person the department presents;

Trans 504.05(3)(b)3.b.b. Ensure that a transcript of the hearing is prepared and made available to the contractor at a reasonable cost, unless the contractor and the department mutually waive the transcript requirement; and

Trans 504.05(4)(4) Notice of proposal to debar. The department shall initiate a debarment proceeding by informing the involved contractor and any specifically named affiliate by certified mail return receipt requested. The mailed notice shall state:

Trans 504.05(4)(a)(a) That the department is considering a debarment;

Trans 504.05(4)(b)(b) The reasons for the proposed debarment in terms sufficient to notify the contractor of the conduct or transaction upon which debarment is proposed;

Trans 504.05(4)(c)(c) The cause or causes under sub. (2) that the department relies upon for the proposed debarment;

Trans 504.05(4)(d)(d) That the contractor may submit, within 15 days of the date of the department’s mailed notice, a written response providing information or argument in opposition to the proposed debarment;

Trans 504.05(4)(e)(e) The department’s procedures governing debarment decision-making as specified in sub. (5);

Trans 504.05(4)(f)(f) The potential effect of the proposed debarment as provided under s. Trans 504.04; and

Trans 504.05(4)(g)(g) That pending a debarment decision, no contract will be awarded to, and no subcontracts will be approved for, the contractor.

Trans 504.05(5)(a)(a) In debarment actions based upon a conviction, judgment, or admission or upon debarment by another state or federal entity for any of the causes listed in sub. (2) or in debarment actions in which no dispute exists over facts relevant to the proposed debarment, the secretary shall make a debarment decision based upon the information in the administrative record, including any submission made by the affected contractor. If no suspension is in effect under s. Trans 504.06, the debarment decision shall be made within 30 days after the secretary receives the last written response providing information or argument in opposition to the proposed debarment as provided for in sub. (4) (d).

Trans 504.05(5)(b)(b) In debarment actions in which a fact-finding hearing is necessary under sub. (3) (b) 3., the designated hearing examiner shall prepare written findings of fact, and the secretary or designee shall render a debarment decision based upon those written findings of fact. A cause for debarment must be established by a preponderance of the evidence. The debarment decision shall by made after the conclusion of the proceedings with respect to the disputed facts.

Trans 504.05(6)(a)(a) If debarment is imposed, the department shall promptly notify the contractor and any affiliates involved by certified mail return receipt requested. The notice shall contain the following:

Trans 504.05(6)(b)(b) If debarment is not imposed, the department shall give prompt notice of that fact to the contractor and any affiliates involved by certified mail return receipt requested.