(1) All invitations forbids or proposals
shall require each respondent to state whether or not such respondent, its
employees, agents, independent contractors and proposed subcontractors have
been convicted of or have pled guilty or nolo contendere to any contract crime,
or any felony, or any misdemeanor other than minor traffic offenses.
(2) In the event that the Tennessee Housing
Development Agency shall learn, in whatever manner, that any person is subject
to this chapter, the Tennessee Housing Development Agency shall immediately
notify such person in writing. The notice shall advise such person:
(a) of the nature of this chapter and its
application to such person;
(b)
that such person is unacceptable for employment on any contract involving a
Tennessee Housing Development Agency project for a period of 60 days from
receipt of notice;
(c) that if such
person is currently providing services to the Tennessee Housing Development
Agency under any contract, the obligations under such contract are not
affected;
(d) that such person may
within 15 days provide to the Tennessee Housing Development Agency such
information and statements as such person desires the Tennessee Housing
Development Agency to consider in determining whether such person should be
debarred from contracting in connection with any financing through the THDA or
any programs operated by the Agency projects and the length of the debarment to
be imposed under this chapter;
(e)
that such person may within sixty (60) days request a hearing before the Board
of Directors to show cause why such person should not be debarred from
employment on any contract on any Tennessee Housing Development Agency
financing or programs or to present evidence for consideration by the Tennessee
Housing Development Agency as to the length of the debarment to be imposed
hereunder. An expedited hearing shall be held within a reasonable time with the
Uniform Administrative Procedures Act, as amended, Section
4-5-101, et seq., used as a
guideline for questions of procedure and admissibility of evidence, with the
period of unacceptability set out in rule 0770-2-1-.03(2)(b) being extended
until such time as the Tennessee Housing Development Agency or a Court having
proper jurisdiction rules otherwise; and
(f) of the length of debarment which will
automatically be imposed for failure to comply with either of the procedures
outlined in Rule 0770-2-1-.03(2)(d) and (e).
(3) The Tennessee Housing Development Agency
shall conduct such investigation as it shall deem necessary and proper and
shall in any event consider any information and statements submitted.
(4) The Board of Directors may elect to hear
the case before the full board with the hearing examiner; before a committee of
the board with the hearing examiner; or, have the hearing examiner to sit alone
on the case.
