SECTION 6.66. Proof Required for Debarment and Suspension

(a) Causes identified in §406.64(a)(1) of this title (relating to Causes for and Conditions of Debarment) are established by proof of pleading guilty or nolo contendere, or of the issuance of a deferred adjudication of guilt. If an appeal results in a reversal, contractual rights must be restored upon written request, unless another cause for their removal exists.

(b) Causes identified in §406.64(a)(2) of this title (relating to Causes for and Conditions of Debarment) are based entirely upon the other state or federal agency's official notice that the contractor or potential contractor's rights have been removed.

(c) The existence of all other causes for debarment or suspension must be established by a preponderance of the evidence.

Source Note: The provisions of this §6.66 adopted to be effective March 25, 1997, 22 TexReg 2751; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841