Section 229-102-03 - NOTIFICATION AND RIGHT TO HEARINGAny person considered for debarment shall be sent written notice by certified mail and allowed the opportunity for a hearing to determine whether debarment is appropriate. The notice shall state that debarment is being considered, the reasons underlying the consideration of debarment, and that the person under consideration shall be afforded an opportunity for a hearing on a specified date.
With respect to any hearing of a person under consideration for debarment:
A. Hearings shall be before a Debarment Committee consisting of five (5) individuals appointed by the Commissioner.B. Findings of the Committee are to be determined by a preponderance of the evidence.C. Such findings shall be agreed upon by a majority of the members of the Committee.D. The Debarment Committee shall submit a written report to the Commissioner and each person under consideration for debarment.E. The Commissioner shall render a final decision after review of the report of the Committee, any evidence contained In the record of the Hearing and any information related to the public Interest. The Commissioner shall provide a copy of said decision to each person under consideration for debarment.F. The Commissioner shall have the authority, in the best interest of the public, to suspend or otherwise delay inquiry into possible debarment in the event that such inquiry might impede any State or Federal investigation.17-229 C.M.R. ch. 102, § 03