§ 60.4. Conditions.
(a) Debarment or suspension for any cause will be made only upon approval of the Secretary or his duly authorized representative and an Assistant Counsel.
(b) The existence of any of the causes set forth in § 60.3 (relating to cause for debarment) does not necessarily require that persons be debarred or suspended. In each instance, the decision will be made within the discretion of the Secretary, unless otherwise required by law, and will be rendered in the best interests of the Commonwealth. Mitigating factors may be considered in determining whether debarment or suspension is warranted.
(c) The existence of a cause set forth in § 60.3(1)—(4) will be established by conviction by or a judgment obtained in a court of competent jurisdiction. In the event that an appeal taken from the judgment or conviction results in a reversal thereof, the debarment or suspension will be removed upon request of the affected person unless other cause exists.
(d) The existence of a cause set forth in § 60.3(5)—(11) will be established by evidence which the Department determines to be clear and convincing in nature.
(e) Debarment or suspension for the cause set forth in § 60.3(11) will be proper provided that one of the causes set forth in § 60.3(1)—(10) was the basis for debarment or suspension by the original agency. The action may be based entirely on the record of facts obtained by the original governmental entity or upon a combination of the facts and additional facts.
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