Rules & Regulations of the State of Tennessee
Title 1390 - State Building Commission
Chapter 1390-01-01 - Unacceptability for Employment on State Building Commission Projects
Section 1390-01-01-.03 - PENALTY

(1) Failure of any person receiving notice hereunder to respond as set forth in either Rule 1390-1-1-.02(b)(4) or (5) shall result in automatic debarment of such person from employment on any contract on any State Building Commission project for a period of five (5) years commencing with the termination of the sixty (60) day period set out in rule 1390-1-1-.02(b)(2).

(2) In the situation where any person receiving notice hereunder responds pursuant only to Rule 1390-1-1-.02(b)(4), the State Building Commission, after considering the results of the investigation and any information and statements submitted, shall within sixty (60) days of the notice required by Rule I 390-1-1-.02(b) notify in writing such person either that the State Building Commission deems such person not subject to this chapter or that such person is unacceptable for employment on any contract on any State Building Commission project for a period determined in the sole discretion of the State Building Commission, but not less than one (1) year nor more than five (5) years.

(3) Should any person receiving notice hereunder respond pursuant to Rule 13904-1-.02(b)(5), the State Building Commission, after considering the entire record, shall within sixty (60) days of the hearing issue its final decision or order in writing notifying such person either that the State Building Commission deems such person not subject to this Chapter or that such person is unacceptable for employment on any contract on any State Building Commission project for a period determined in the sole discretion of the State Building Commission, but not less than one (1) year nor more than five (5) years.

(4) In any event, the period for which a person is unacceptable for employment on a contract on a State Building Commission project may be increased or decreased in individual cases at any time, if in the judgment of the State Building Commission compelling reasons warrant such action.