Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes criteria for those
parties subject to suspension and debarment procedures with the Missouri
Housing Development Commission.
(1) Given a cause that justifies exclusion
under these regulations, the Missouri Housing Development Commission (MHDC) may
exclude any person who has been, is, or may reasonably be expected to be a
participant or a principal in any covered transaction. Exclusion may include
any affiliate of the participant that is specifically named and given notice of
the proposed exclusion and an opportunity to respond.
(2) For the purposes of determining the scope
of the exclusion, conduct may be imputed as follows:
(A) Conduct Imputed to Participants. Conduct
meeting any of the criteria in
4 CSR
170-8.060 on the part of any officer, corporate
director, shareholder, partner, employee, or other individual associated with a
participant may be imputed to the participant when the conduct occurred in
connection with the individual's performance of duties for or on behalf of the
participant, or with the participant's knowledge, approval, or acquiescence.
The participant's acceptance of benefits derived from the conduct shall be
evidence of such knowledge, approval, or acquiescence;
(B) Conduct Imputed to Individuals Associated
with Participant. Conduct meeting any of the criteria in
4 CSR
170-8.060 on the part of a participant may be imputed
to any officer, corporate director, shareholder, partner, employee, or other
individual associated with the participant who participated in, knew of, or had
reason to know of the participant's conduct; or
(C) Conduct of One (1) Participant Imputed to
Other Participants in a Joint Venture. Conduct meeting any of the criteria in
4 CSR
170-8.060 on the part of one (1) participant in a
joint application, or in similar arrangement, may be imputed to other
participants if the conduct occurred for or on behalf of the joint venture,
granted pursuant to a joint application, or similar arrangement with the
knowledge, approval, or acquiescence of these participants. Acceptance of the
benefits derived from the conduct shall be evidence of such knowledge,
approval, or acquiescence.
*Original authority: 215.030, RSMo 1969, amended 1974,
1982, 1985, 1989, 1993, 1995, 1998.
