Rule 672-5-.14 - False, Deceptive, or Fraudulent Statement(s) in Application or at Hearing(1) The Certification of Qualification or the Certificate of Registration of any Person who makes or causes to be made any false, deceptive, or fraudulent statement(s) on the application required to be submitted, or in the course of any hearing under these Rules, may be temporarily suspended or permanently revoked.(2) The following process will apply when the Prequalification Committee receives information to give it reasonable cause to believe that there is a false, deceptive, or fraudulent statement(s) made by a Prospective Bidder on the application: (a) When the Prequalification Committee receives information to give it reasonable cause to believe that there is a false, deceptive, or fraudulent statement(s) made by a Prospective Bidder on the application, the Prequalification Committee shall make a recommendation to the Board of Review for action to be taken against the Prospective Bidder which may include but is not limited to permanent revocation of the Contractor's Certificate of Qualification or Subcontractor's Certificate of Registration or the suspension of such Certificate of Qualification or Certificate of Registration for a certain period of time. The Prequalification Committee shall cause a copy of this recommendation to be served upon the Prospective Bidder, which may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address.(b) The Prospective Bidder may request an informal hearing in writing within ten (10) days of receipt of the recommendation of the Prequalification Committee. The informal hearing will be before the Board of Review. The purpose of this informal hearing is to provide an opportunity for the Prospective Bidder to respond to the findings of the Prequalification Committee before formal action is taken. At this informal hearing, neither the Department nor the Prospective Bidder shall be represented by an attorney nor be allowed to present witnesses. Documentary evidence may be presented by the Department or Prospective Bidder. Failure to request a formal hearing within ten (10) days after receipt of recommendation from the Prequalification Committee shall act as waiver of any additional appeal rights of the Prospective Bidder.(c) If a request for an informal hearing is received timely from the Prospective Bidder, the Board of Review shall set a date and time for an informal hearing to be held in the matter, and shall issue a written notice of the informal hearing to the Prospective Bidder. The written notice of the informal hearing shall inform the Prospective Bidder of the charges against it and of the date and time of the informal hearing. The written notice may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address.(d) Within fourteen (14) days after the conclusion of the informal hearing, the Board of Review shall render a written Preliminary Decision. The Board of Review shall cause a copy of this Preliminary Decision to be served upon the Prospective Bidder, which may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address. Within fourteen (14) days of receipt of the Preliminary Decision, the Prospective Bidder may request a formal hearing with the Commissioner. Failure to request a formal hearing within fourteen (14) days after receipt of the Preliminary Decision shall act as waiver of any additional appeal rights of the Prospective Bidder and the Preliminary Decision of the Board of Review shall become the Final Decision.(e) In the event that a formal hearing has been requested by the Bidder, the Commissioner shall set a date and time for a hearing to be held in the matter, and shall issue a written notice of the hearing to the Prospective Bidder. The written notice of the hearing shall inform the Prospective Bidder of the charges against it, of the date and time of the hearing, and of its right to attend, to be represented by counsel, to cross-examine witnesses against it, and to respond and present evidence on all issues. The written notice may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address.(f) Within thirty (30) days after the hearing, the Commissioner shall issue a Final Decision and shall cause a copy of this recommendation to be served upon the Prospective Bidder, which may be served personally or by certified mail, return receipt requested, mailed to the Prospective Bidder's last known mailing address. In the event the Commissioner determines that there is cause for suspension or revocation, the Commissioner shall direct the Prequalification Committee either to revoke the Contractor's Certificate of Qualification or Subcontractor's Certificate of Registration or to suspend the Certificate of Qualification or Certificate of Registration for a period of no less than thirty (30) days and no more than five (5) years.(g) An appeal from the Final Decision of the Commissioner is directly appealable to the Superior Court.(3) For a false, deceptive or fraudulent statement made in the course of any hearing with the Commissioner, the Commissioner will have the power to immediately permanently revoke the Contractor's Certificate of Qualification or Subcontractor's Certificate of Registration or to suspend such Certificate of Qualification or Certificate of Registration for a period of time as determined by the Commissioner. An appeal from the decision of the Commissioner is directly appealable to the Superior Court.Ga. Comp. R. & Regs. R. 672-5-.14
O.C.G.A. §§ 32-2-2, 32-2-66, 50-13-4.
Original Rule entitled "False Statements in Application or at Hearing" adopted. F. Aug. 9, 1973; eff. Aug. 29, 1973.Repealed: New Rule same title adopted. F. Sept. 15, 1986; eff. Oct. 5, 1986.Repealed: New Rule, same title adopted. F. Oct. 23, 2000; eff. Nov. 12, 2000.Amended: New title "False, Deceptive, or Fraudulent Statement(s) in Application or at Hearing." F. May 1, 2018; eff. May 21, 2018.