Adm 24.05(1)(d)(d) When no suspension is in effect pursuant to s. Adm 24.06 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. Adm 24.05(2)(2) Causes for debarment. The secretary may debar a contractor for any one or more of the following causes: Adm 24.05(2)(a)1.1. Fraud, collusion or any criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract; Adm 24.05(2)(a)2.2. Violation of any federal or state antitrust statute relating to the submission of bids or proposals; Adm 24.05(2)(a)3.3. Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property or obstruction of justice; or Adm 24.05(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. Adm 24.05(2)(b)(b) Violation of the terms of any government contract or subcontract when that violation is so serious as to justify debarment, including: Adm 24.05(2)(b)2.2. A history of failure to perform or of unsatisfactory performance of one or more contracts. Adm 24.05(2)(c)(c) Any other cause that is so serious or compelling that it affects the ability of a contractor or subcontractor to meet all contract requirements. Adm 24.05(2)(d)(d) Debarment for any of the above causes listed in pars. (a) to (c) by another state or federal entity. Adm 24.05(3)(a)(a) Referral. Department and other state employees having information appropriate for department consideration under this section shall promptly report that information to the secretary. Adm 24.05(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. Adm 24.05(3)(b)2.2. Whenever a proposal to debar is based upon a conviction, civil judgment, admission 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. Adm 24.05(3)(b)3.3. Whenever a proposal to debar is not based upon a conviction, civil 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: Adm 24.05(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; Adm 24.05(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 Adm 24.05(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: Adm 24.05(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; Adm 24.05(4)(c)(c) The cause or causes under sub. (2) that the department relies upon for the proposed debarment; Adm 24.05(4)(d)(d) That the contractor may submit, within 15 days after the date of the department’s mailed notice, a written response providing information or argument in opposition to the proposed debarment; Adm 24.05(4)(e)(e) The department’s procedures governing debarment decision-making as specified in sub. (5); Adm 24.05(4)(g)(g) That pending a debarment decision, no contract will be awarded to, and no subcontracts will be approved for, the contractor.