(1) The executive director may: (a) debar or suspend a person from consideration for an award of a contract for a human services procurement item for any amount of time in accordance with the process described in Subsection 63G-6a-904(1); and (b) obtain the recommendation of the council before debarring or suspending the person. (2) The council shall recommend that the executive director debar or suspend a person for an award of a contract for a human services procurement item if the person: (a) is convicted of a criminal offense: (i) for actions taken to obtain or perform under a public or private contract; (ii) for embezzlement, fraud, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property; or (iii) under Title 76, Chapter 16, Part 5, Antitrust Offenses, or another antitrust law; (b) fails, without good cause, to perform in accordance with the terms of a contract with the department; (c) commits two or more violations of department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (d) violates this chapter; (e) poses a significant risk of harm to department clients or the department; (f) is barred or suspended from providing services to another governmental agency; or (g) takes another action that the council determines is fraudulent or substantially affects the person's ability to perform under a contract with the department for a human services procurement item.
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