R 125.212 Definitions.

Rule 212. Definitions provided for in part 1 of the authority’s rules, R 125.101 to R 125.103, apply to the provisions of this part unless superseded in this rule as follows: (a) "Adequate evidence" means information that is sufficient to support a reasonable belief that a particular act, omission, or event has occurred. (b) "Affiliate" means individuals or entities with whom a person shares an identity of interest as defined in part 10 of these rules. (c) "Contractor" means an individual or entity that does either of the following: (i) Performs or provides labor or professional or technical services or supplies goods to the authority pursuant to a contract or participation agreement. (ii) Conducts business with the authority as the agent, representative, or subcontractor of another contractor. (d) "Conviction" means a judgment of guilt in a criminal case by any court of competent jurisdiction, whether by verdict, guilty plea, or plea of nolo contendre, and whether or not the judgment was or is on appeal. (e) "Debarment" means action taken to exclude a person from direct or indirect participation in any authority program or transaction whether as a contractor or participant. (f) "Notice" means written communication delivered by personal service or sent either by certified mail, return receipt requested, or by commercial courier with verification of delivery. (g) "Participant" means any person who directly or indirectly takes part in or is involved in an authority program or transaction other than as a contractor. Participant includes a person who receives benefits or income from or through another participant or contractor. A participant includes, but is not necessarily limited to, any of the following: (i) Bonding companies. (ii) Borrowers. (iii) Builders. (iv) Mortgagors. (v) Management agents. (vi) Marketing agents. (vii) Owners of housing developments. (viii) Recipients of authority subsidies or federal subsidies administered by the authority. (ix) Grantees. (x) Persons employed by, or offering services to, participants, such as any of the following: (A) Architects. (B) Accountants. (C) Attorneys. (D) Consultants. (E) Engineers. (F) Contractors to participants. (G) Subcontractors of contractors to participants. (h) "Person" means an individual, partnership, corporation, association, unit of government, or other form of legal entity, whether in good standing or otherwise. (i) "Respondent" means the person against whom debarment or suspension is to be imposed. (j) "Suspension" means an action that immediately excludes a person from direct or indirect participation in authority programs or transactions, whether as a participant or contractor, for a temporary period pending completion of an investigation or administrative or other legal proceeding.