Tenn. Comp. R. & Regs. 0770-02-01-.01 - SCOPE
(1) These rules prescribe procedures and
circumstances where a person, firm, agency, corporation, association,
partnership, developer, contractor, architect, real estate agent, individual or
legal entity or an affiliate of an individual or legal entity may be ineligible
for participation in any financing through the Tennessee Housing Development
Agency or any programs operated by the Agency. The word person includes any of
the aforementioned. The Board of Directors of the Tennessee Housing Development
Agency may take action resulting in debarment.
(a) Debarment means exclusion from employment
on THDA projects or contracts or participation in THDA financing or programs
for a reasonable, specified period of time commensurate with the seriousness of
the offense or the failure or inadequacy of performance generally not to exceed
five years. Debarment also means exclusion from participation by reason of
ineligibility under regulations of the United States Department of Housing and
Urban Development.
(b) For the
purposes of this chapter, the term "contract crime" shall mean fraud, bribery,
collusion or conspiracy involving violation of federal or state criminal
statutes in connection with any public contract or any contract in reference to
THDA financing or programs.
(2) This chapter applies to any person, firm
or corporation or assets of any corporation which has been convicted of, has
admitted to, or has pleaded guilty or nolo contendere to any contract crime or
which assets thereof were utilized or involved in any contract crime.
(3) This chapter may apply to any corporation
or its assets if any of its officers, directors, shareholders active in
management or person holding any similar executive position in the corporation
has been convicted of, has admitted to, or has pleaded guilty or nolo
contendere to any contract crime or which assets thereof were utilized or
involved in any contract crime.
(4)
This chapter may apply to any partnership or assets of any partnership if any
partner has been convicted of, has admitted to, or has pleaded guilty or nolo
contendere to any contract crime or which assets thereof were utilized or
involved in any contract crime.
(5)
This chapter may apply to any joint venture, other association, person, legal
entity or the assets of any joint venture, association, person or legal entity,
if any joint venturer, any managing agent, any person entitled to share in the
proceeds and engaged in the active management thereof, or any person holding an
executive position thereof has been convicted of, has admitted to, or has
pleaded guilty or nolo contendere to any contract crime, or which assets
thereof were utilized in any contract crime.
(6) This chapter may apply to any corporation
or assets of any corporation if the illegal acts of any of its officers,
directors, shareholders active in management or person holding any similar
executive position in it were directly or indirectly responsible for a
conviction, admission, plea of guilty or nolo contendere to a contract crime by
any other firm, corporation, venture, person or legal entity or which assets
thereof were utilized or involved in any contract crime by any other firm,
corporation, joint venture, person or legal entity.
(7) This chapter may apply to any partnership
or assets of any partnership if the illegal acts of any partner were directly
or indirectly responsible for a conviction, admission, plea of guilty or nolo
contendere to a contract crime by any other firm, corporation, or joint
venture, person or legal entity or which assets thereof were utilized or
involved in any contract crime by any other firm, corporation, joint venture,
person or legal entity.
(8) This
chapter may apply to any joint venture, association, person, legal entity or
assets of any joint venture association, person or legal entity if the illegal
acts of any joint venturer, managing agent, person entitled to share in the
proceeds and engaged in the active management thereof, or person holding an
executive position were directly or indirectly responsible for a conviction,
admission, plea of guilty or nolo contendere to a contract crime by any other
firm, corporation or joint venture, person or legal entity or which assets
thereof were utilized or involved in any contract crime by any other firm,
corporation, joint venture, person or legal entity.
Notes
Authority: T.C.A. ยง 13-23-115.
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