Balfour Beatty Construction

Balfour Beatty Construction, Inc. (Balfour) has filed a petition for review from the decision of a Hearing Officer of the Department of Transportation (Department) that granted a Department motion and dismissed Balfour's appeal and request for a hearing from the Department's suspension of Balfour as a prequalified contractor and denied Balfour's alternative request to treat the appeal as one properly filed nunc pro tunc.*fn1 Balfour also filed an Application for Summary Relief asserting that the Department lacked jurisdiction because Balfour was not a "contractor" as defined in the regulations when the suspension was imposed and the dismissal was an improper final determination outside the context of a proposed report. The Department has filed a motion to quash reasserting various jurisdictional challenges.