DWD 294.05(1)(c)(c) A contractor may not be debarred from performing work on a project that is being bid or negotiated if a written or oral offer to perform work for another contractor was received or accepted before the name of the contractor making the offer initially appeared on the consolidated list. DWD 294.05(1)(d)(d) A contractor may not be debarred from completing any work on a project if the contract for the work was awarded to the contractor prior to the date that the name of the contractor initially appeared on the consolidated list. DWD 294.05(2)(2) Causes for debarment. The department may debar a contractor for any one or more of the following causes: DWD 294.05(2)(a)(a) A conviction or civil judgment of a Wisconsin court, a finding of any Wisconsin state agency or local governmental unit, a finding of the department or an admission of: DWD 294.05(2)(a)1.1. Failing to pay an employe the proper prevailing wage rate determined for a public works project. DWD 294.05(2)(a)2.2. Failing to pay an employe at least 1.5 times the proper hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined for a public works project. DWD 294.05(2)(a)3.3. Inducing any employe to give up, waive or return any part of the proper prevailing wage rate determined for a public works project. DWD 294.05(2)(a)4.4. Falsifying, deliberately destroying, or failing to keep required payroll records on a public works project. DWD 294.05(3)(a)(a) Referral. Department employes and all other persons having information appropriate for department consideration under this section shall promptly report that information to the secretary or designated representative. DWD 294.05(3)(b)1.1. The debarment decision-making process shall be as informal as practical, consistent with fundamental fairness principles. The process shall permit contractors to request a hearing before the department. If a request for a hearing is received by the department, then a hearing shall be afforded to the requesting party. DWD 294.05(3)(b)2.2. The hearing shall be conducted by a designated representative and shall: DWD 294.05(3)(b)2.a.a. Permit the contractor to appear with counsel, to submit documents, to present witnesses and to confront and cross-examine any witness the department presents; and DWD 294.05(3)(b)2.b.b. Ensure that an accurate written summary or tape recording of the hearing is prepared or taken and made available to the contractor, if one is requested before the hearing. DWD 294.05(4)(4) Notice of proposal to debar. The department shall initiate a debarment proceeding by notifying the involved contractor by certified mail to its last known address. The mail notice shall state: DWD 294.05(4)(b)(b) The causes for the proposed debarment in terms sufficient to inform the contractor of the conduct or transaction upon which debarment is proposed; DWD 294.05(4)(c)(c) The contractor may submit, within 20 calendar days from the date of receipt of the department’s mailed notice, a written response or argument in opposition to the proposed debarment; DWD 294.05(4)(d)(d) The department’s procedures governing debarment decision-making as specified in sub. (5); DWD 294.05(4)(f)(f) The contractor may request a hearing before the department within the period provided for in par. (c). DWD 294.05(5)(a)(a) The designated representative shall issue a proposed findings of fact and order within 60 calendar days after the department received the last written response providing information or arguments in opposition to the proposed debarment as provided for in sub. (4) (c) or within 60 calendar days after a hearing has been held as provided for in sub. (4) (f). Any party to the action may request a copy of the proposed findings of fact and order and appeal it within 20 calendar days from the date of issuance by requesting, in writing, an opportunity to present oral or written arguments to the designated representative. DWD 294.05(5)(b)(b) If a timely appeal is filed, the designated representative shall hold a hearing or review the written arguments on why the proposed order should be modified or reversed. The designated representative shall issue a findings of fact and final order within 30 calendar days of the receipt of the last argument filed. DWD 294.05(5)(c)(c) If a timely appeal is not filed, the designated representative shall issue a findings of fact and final order within 20 calendar days after the appeal period expires. DWD 294.05(6)(a)(a) If a debarment is imposed, the department shall promptly notify the contractor by certified mail to its last known address, of the following: DWD 294.05(6)(a)1.1. Reference to the notice of proposed debarment that initiated the action under sub. (4);