Tenn. Comp. R. & Regs. 0770-02-01-.03 - PROCEDURE

(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.

Notes

Tenn. Comp. R. & Regs. 0770-02-01-.03

Original rule filed September 29, 1981; effective December 29, 1981.

Authority: T.C.A. § 13-23-115.