ORDERS:
CONSENT ORDER OF DISMISSAL
This matter arises out of action taken by the Respondent South Carolina Department of
Transportation (SCDOT) pursuant to 25A S.C. Code Ann. Regs. 63-306 (Supp. 2001) to disqualify
Russell Faulk and Shawn Godwin and any business with which they are affiliated, particularly the
named Petitioner Materials Transport, Inc., from participating in contracts with SCDOT because of
alleged acts reflecting a lack of business integrity or honesty. Petitioner denies that such acts have
taken place and has sought relief from disqualification by requesting a contested case heraing pursuant
to 25A S.C. Code Ann. Regs. 63-306(E)(3). The Administrative Law Judge Division has subject
matter jurisdiction of this matter pursuant to S.C. Code Ann. Section 1-23-600 (B) (Supp. 2001) and
25A S.C. Code Ann. Regs. 63-306 (E)(3)(Supp. 2001).
Based upon a consideration of the evidence in this matter and other informatoin provided to
the Respondent by the Petitioner, including an Affidavit of Shawn Godwin and Russell Fault, dated
March 10, 2003, a copy of which is attached hereto and made a part hereof, the parties have reached
the following negotiated resolution of this matter:
(1)MTI is disqualified from participation as a prime or subcontractor in any SCDOT
work for a period of one year commencing August 29, 2002, and ending August 29,
2003.
(2)Shawn Godwin, Russell Faulk, and any firm with which they are now or shall become
affiliated, particularly Palmetto Paving Corporation, are disqualified from participating
as a prime or subcontractor on any new SCDOT projects for the three month period
commencing March 1, 2003 and ending May 31, 2003. No transfer of the assets or
functions of the disqualified firm(s) shall be made during this three month
disqualification period.
(3)In lieu of a monetary sanction for the DBE shortfall of $265,642 on File Nos.
16.105B, 16.106, 21.114B and 34.102B, Palmetto Paving and MTI or any other
entity with which Godwin or Faulk become affiliated will obtain additional DBE
participation on current or future SCDOT projects in the amount of $398,463 (one
and one half of the amount of the shortfall) by September 2004. “Additional DBE
participation” shall mean DBE participation in excess of what is required by the DBE
goal on the applicable projects, proven by statements from DBE’s acknowledging
receipt of payments. To the extent the additional DBE participation is not obtained,
Palmetto Paving shall pay SCDOT an amount equal to one-half of the amount not
obtained in additional DBE participation as a monetary sanction.
(4)SCDOT shall have the right to audit or review the books and records of MTI,
Palmetto Paving, or any other entity with which Godwin or Faulk become affiliated
to ensure compliance with the above agreements. In the event a violation is found,
the violating firm and its principals shall be subject to an additional one-year period
of disqualification in addition to other penalties provided by law or regulation.
AND IT IS SO ORDERED.
__________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
May 16, 2003 |
