Parties to Which These Regulations Apply

PURPOSE: This rule establishes criteria for those parties subject to suspension and debarment procedures with the Missouri Housing Development Commission. (1) Given a cause that justifies exclusion under these regulations, the Missouri Housing Development Commission (MHDC) may exclude any person who has been, is, or may reasonably be expected to be a participant or a principal in any covered transaction. Exclusion may include any affiliate of the participant that is specifically named and given notice of the proposed exclusion and an opportunity to respond. (2) For the purposes of determining the scope of the exclusion, conduct may be imputed as follows: (A) Conduct Imputed to Participants. Conduct meeting any of the criteria in 4 CSR 170-8.060 on the part of any officer, corporate director, shareholder, partner, employee, or other individual associated with a participant may be imputed to the participant when the conduct occurred in connection with the individual’s performance of duties for or on behalf of the participant, or with the participant’s knowledge, approval, or acquiescence. The participant’s acceptance of benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence; (B) Conduct Imputed to Individuals Associated with Participant. Conduct meeting any of the criteria in 4 CSR 170-8.060 on the part of a participant may be imputed to any officer, corporate director, shareholder, partner, employee, or other individual associated with the participant who participated in, knew of, or had reason to know of the participant’s conduct; or (C) Conduct of One (1) Participant Imputed to Other Participants in a Joint Venture. Conduct meeting any of the criteria in 4 CSR 170-8.060 on the part of one (1) participant in a joint application, or in similar arrangement, may be imputed to other participants if the conduct occurred for or on behalf of the joint venture, granted pursuant to a joint application, or similar arrangement with the knowledge, approval, or acquiescence of these participants. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence. AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Original rule filed Feb. 11, 2010, effective Aug. 30, 2010. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.