Kan. Admin. Regs. § 36-31-1 - Definitions
(a) "Adequate
evidence" means evidence sufficient to form the reasonable belief that a
particular act or omission occurred. In addition, a conviction, judgment, or an
admission regarding the causes in K.A.R. 36-31-2(a) shall constitute adequate
evidence.
(b) "Admission" means a
statement made by a contractor in a court, or before any public body or public
official, that the contractor committed a certain act or omitted to perform a
certain act.
(c) "Affiliate" means
contractors having a relationship such that:
(1) Any one of them directly or indirectly
controls or has the power to control another; or
(2) If the affected contractor is an
individual, any other contractor in which the affected individual is an
officer, director, or has controlling legal or beneficial financial interest,
until the individual's interest is severed from the other contractor.
(d) "Contractor" means
any individual person, or other legal entity, including its directors and
officers, which submits offers for, is awarded, or reasonably may be expected
to submit offers for or be awarded a contract for labor, services or materials
or any combination of these. This definition shall include any subcontractor of
this individual person or legal entity.
(e) "Conviction" means a judgment or
conviction of a criminal offense by any court of competent jurisdiction,
whether entered upon a verdict or a plea, and includes a conviction entered
upon a plea of nolo contendere.
(f) "Debarment" means an exclusion or bar
from contracting with or bidding on contracts let by the secretary for a
specified period of time.
(g)
"Department" means the Kansas department of transportation.
(h) "Hearing official" means a designee of
the secretary who may conduct a fact-finding hearing and may recommend
debarment or continuance of suspension.
(i) "Judgment" means a judgment in a civil
action by any court of competent jurisdiction.
(j) "Secretary" means the secretary of the
Kansas department of transportation or an authorized representative or
employee.
(k) "Suspension" means
an exclusion or bar from contracting with or bidding on contracts let by the
secretary for a temporary period of time, pending the completion of legal or
debarment proceedings.
Notes
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