Trans 504.05(1)(a)(a) The department may, in the public interest, debar a contractor for any of the causes contained in sub. (2), using the procedures in sub. (3). The existence of a cause for debarment as specified in sub. (2), however, shall not necessarily require that a contractor be debarred; the seriousness of any contractor’s acts or omissions and any mitigating factors shall be considered in making any debarment decision. Trans 504.05(1)(b)(b) Debarment of a contractor constitutes debarment of all divisions or other organizational elements of the debarred contractor, unless the debarment is explicitly limited to specific divisions, organizational elements or commodities. Trans 504.05(1)(c)(c) The department may extend the debarment to include any affiliates of a debarred contractor, if the affiliates are specifically named and are given written notice of the proposed debarment and an opportunity to respond pursuant to sub. (4). Trans 504.05(1)(d)(d) When no suspension is in effect pursuant to s. Trans 504.06 at the time the department contemplates debarment of a contractor, no contracts shall be awarded to, and no subcontracts shall be approved for, the contractor, pending a debarment decision by the department. Trans 504.05(2)(2) Causes for debarment. The secretary may debar a contractor for any one or more of the following causes: Trans 504.05(2)(a)1.1. Fraud, collusion or any criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract; Trans 504.05(2)(a)2.2. Violation of any federal or state antitrust statute relating to the submission of bids or proposals; Trans 504.05(2)(a)3.3. Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property or obstruction of justice; or Trans 504.05(2)(a)4.4. Any other offense indicating a lack of business integrity or of business honesty which offense seriously and directly affects the responsibility of the contractor or subcontractor. Trans 504.05(2)(b)(b) Violation of the terms of any government contract or subcontract when that violation is so serious as to justify debarment, including: Trans 504.05(2)(b)2.2. A history of failure to perform or of unsatisfactory performance of one or more contracts. Trans 504.05(2)(c)(c) Any other cause that is so serious or compelling that it affects the responsibility of a contractor or subcontractor. Trans 504.05(2)(d)(d) Debarment for any of the above causes listed in pars. (a) through (c) by another state or federal entity. Trans 504.05(3)(a)(a) Referral. Department employees and all other persons having information appropriate for department consideration under this section shall promptly report that information to the secretary. Trans 504.05(3)(b)1.1. The debarment decision-making process shall be as informal as practicable, consistent with fundamental due process of law principles. The debarment decision-making process shall permit contractors and any specifically named affiliates to submit information and arguments in opposition to a proposed debarment. The department may require that a contractor’s opposition be submitted in writing or may permit an oral presentation in person or through a representative. Trans 504.05(3)(b)2.2. Whenever a proposal to debar is based upon a conviction, judgment or debarment by another state or federal entity for any of the causes listed in sub. (2), the department need not conduct a fact-finding hearing. Trans 504.05(3)(b)3.3. Whenever a proposal to debar is not based upon a conviction, judgment, admission or debarment by another state or federal entity, and if the department finds that the contractor’s opposition raises a genuine dispute over facts relevant to the proposed debarment, the department shall conduct a fact-finding hearing. A department hearing examiner shall: Trans 504.05(3)(b)3.a.a. Permit the contractor to appear with counsel, to submit documents, to present witnesses and to confront and cross-examine any person the department presents; Trans 504.05(3)(b)3.b.b. Ensure that a transcript of the hearing is prepared and made available to the contractor at a reasonable cost, unless the contractor and the department mutually waive the transcript requirement; and Trans 504.05(4)(4) Notice of proposal to debar. The department shall initiate a debarment proceeding by informing the involved contractor and any specifically named affiliate by certified mail return receipt requested. The mailed notice shall state: Trans 504.05(4)(b)(b) The reasons for the proposed debarment in terms sufficient to notify the contractor of the conduct or transaction upon which debarment is proposed; Trans 504.05(4)(c)(c) The cause or causes under sub. (2) that the department relies upon for the proposed debarment;