Or. Admin. R. 839-025-0095 - Removal of Names from List
(1)
The names of the contractor, subcontractor or other persons and the names of
any firm, corporation, limited liability company, partnership or association in
which the contractor, subcontractor or other persons have a financial interest
shall remain on the list for the period of time for which the contractor,
subcontractor or other person is ineligible.
(2) The names referred to in section (1) of
this rule shall be removed from the list after the period of time for which the
contractor, subcontractor or other person is ineligible has expired.
(3) The commissioner may, for good cause
shown, remove a name from the list before the expiration of the period of
ineligibility. If the commissioner determines good cause has been shown, the
commissioner shall issue an order directing the removal of such name or names.
(4) Contractors, subcontractors or
other persons, or any firm, corporation, limited liability company, partnership
or association in which the contractor, subcontractor or other persons have a
financial interest who desire to be removed from the list before the expiration
of the period of ineligibility must show good cause for such removal. Such
persons may petition the commissioner at any time during the period of
ineligibility.
(5) In reviewing
such petitions, the commissioner shall consider the following matters:
(a) The past history of the petitioner in
taking all necessary measures to prevent or correct violations of statutes or
rules;
(b) Prior violations, if
any, of statutes or rules;
(c)
Magnitude and seriousness of the violation;
(d) Other matters which indicate to the
commissioner that the petitioner is not likely to violate ORS
279C.800 to
279C.870 and these rules in the
future.
(6) The
commissioner shall grant or deny the petition.
Notes
Stat. Auth.: ORS 651.060(4), 279C.808
Stats. Implemented: H.B. 2646, 77th Leg., Reg. Ses. (Or2013), ORS 279C
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