Disclosure of Information to MHDC or Other Appropriate Officials (Voluntary vs. Involuntary)

PURPOSE: This rule establishes the requirements for disclosing information relevant to the issues of suspension and debarment. (1) Before entering into a covered transaction as a primary participant, all persons must disclose whether they, or any of their principals for that covered transaction— (A) Are presently included in the Excluded Parties List System (EPLS); (B) Are presently excluded or disqualified from participation in any similar transactions with any public housing authority, whether in the state of Missouri or any other state; (C) Have been convicted within the preceding three (3) years of any of the offenses listed in 4 CSR 170-8.060 or had a civil judgment rendered against them for one (1) of these offenses within the same time period; (D) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in 4 CSR 170-8.060; and (E) Have had one (1) or more public transactions (federal, state, or local) terminated within the preceding three (3) years for cause or default. (2) Voluntary disclosure of unfavorable information by a primary participant about themselves or a principal, or by a subparticipant about themselves or a principal, will not necessarily result in exclusion from covered transactions. The Missouri Housing Development Commission (MHDC) will consider the information, along with any accompanying explanations, when making determinations as to whether to enter into a covered transaction with the primary participant. (3) Failure to disclose unfavorable information known, or that should reasonably have been known, to the primary participant or their principal at the time of entering into the covered transaction may result in MHDC— (A) Terminating the covered transaction for material failure to comply with the terms and conditions of the covered transaction; or (B) Pursuing any other available remedies, including suspension and debarment. (4) Information required to be disclosed in accordance with these regulations that becomes known to the primary participant, subparticipant, or their principals during a covered transaction to which they are party must be disclosed immediately. (5) A change in circumstances which results in any of the primary participants, subparticipants, or their principals meeting any of the criteria in 4 CSR 170-8.060 during a covered transaction to which they are party must be disclosed immediately. 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.