following definitions shall apply for the purpose of these rules:
evidence" means information sufficient to support the reasonable belief
that a particular act or omission
is an administrator of a division of
the Montana department of transportation.
is the Montana transportation commission.
(4) "Convicted" means any finding of guilt of an offense, whether after a trial or upon a plea
of guilty or nolo contendere (or any equivalent) in any court in the United
States, whether or not it is pending appeal. A conviction ceases to be a conviction only when it is later reversed by
a court of competent jurisdiction.
(5) "Debarment" is an action taken or decision made by an agency, other than temporary
determinations of nonresponsibility or suspension, that excludes a person from
bidding on or participating in projects and contracts. Debarment or suspension of a person under
these rules constitutes debarment or suspension of all its divisions and other
(6) "Department", unless obviously referring to another agency, is the Montana department of
(7) "Director" is the director of the Montana department of transportation.
(8) "Notice" is written communication served in person or sent by certified mail, return
receipt requested or equivalent, to the last known address of a person, its
identified counsel, its agent for service of process, its then-listed corporate
agent, or any partner, officer, director, owner, or joint venturer of the
party. Notice, if returned by the U.S.
postal service as being undeliverable by mail, shall be considered to have been
received by the addressee five days after being properly sent to the last
address known to the department. It is the responsibility of persons doing business with the department to
provide current, accurate mailing addresses.
(9) "Participating" in a department project means a person performing any work in any capacity
(e.g., prime contractor, subcontractor, sub-subcontractor, clearing
rights-of-way for utilities, designer, consultant, etc.) , or providing any
equipment, labor, services, or materials to be used in the project.
(10) "Person" is any individual, corporation, partnership, firm, association or other legal
entity, however organized.
(11) "State" applies to any of the United States and the District of Columbia, unless by its
use in these rules it clearly is limited only to Montana.
(12) "Suspension" is a temporary exclusion of a person from bidding on or participating in
contracts, work or projects during the period pending completion of any
investigation into, and the initiation and completion of, possible debarment
proceedings as may ensue. It is a
discretionary administrative decision by the director, and is appealable only
to the commission under the procedures stated in ARM 18.3.106.