Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

4 Pa. Code § 60.7. Suspension.

§ 60.7. Suspension.

 (a)  Cause. The Secretary or his authorized representative may, in the interest of the Commonwealth, upon approval by an Assistant Counsel, suspend a person:

   (1)  Suspected, upon prima facie evidence, of the causes set forth in §  60.3 (relating to cause for debarment).

   (2)  For other causes of a serious and compelling nature, affecting responsibility as a Commonwealth contractor or subcontractor, as may be determined by the Secretary to justify suspension.

 (b)  Period of suspension. Suspensions will be for a temporary period pending the completion of an investigation and legal proceedings as may ensue. In the event prospective action is not initiated by an appropriate prosecutorial official within 6 months from the date of the notice of suspension, the suspension will be terminated unless an Assistant Counsel requests continuance of the suspension in writing, in which case the suspension may be continued for an additional 3 months. When prosecutive action is initiated, the suspension may continue until the legal proceedings are completed.

 (c)  Notice of suspension. Upon suspension, the person concerned will immediately be furnished a written notice of the suspension by the Secretary or his authorized representative. This notice will state:

   (1)  That the suspension is based on prima facie evidence that the person has committed irregularities of a serious nature in business dealings with the Commonwealth or that the suspension is based on the propriety of further dealings of the person with the Commonwealth, together with a statement of the nature of irregularities in general terms.

   (2)  That the suspension is for a temporary period pending the completion of an investigation and legal proceedings as may ensue.

   (3)  That bids and proposals will not be solicited from the person and, if received, will not be considered and that awards of contracts may not be made unless it is determined to be in the best interest of the Commonwealth by the Secretary to do so.

   (4)  The suspension is effective throughout the Department.



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