Section 660.690  Determination

a)         Based on the record as a whole and an adequate evidence standard of proof, the Secretary will determine the suspension action to be taken.

b)         In assessing adequate evidence, consideration will be given to how much credible information is available, its reasonableness in view of surrounding circumstances, corroboration or lack thereof as to important allegations, and inferences that may be drawn from the existence or absence of affirmative facts.  This assessment will include an examination of basic documents such as contracts, inspection reports, and correspondence.

c)         Upon reaching a final decision, the Secretary will notify the contractor of the determination and will set forth the period of time during which the contractor shall be suspended from bidding on Department contracts or contracts requiring Department approval or concurrence.  Affected local government agencies will be notified of the final decision.  Any interim suspension shall be deducted from the period of final suspension.

d)         Parties will be served with a copy of the final decision by mail, postage prepaid, certified or registered, addressed to the last known address of the person, partnership, association, or company involved.  A copy of the final decision will be mailed to each party and to all attorneys of record.