OAR 839-025-0095: Removal of Names from List of Ineligibles

(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.