Conditions Affecting the Suspension of a Person(s)

PURPOSE: This rule establishes the conditions affecting the suspension of a person from covered transactions with the Missouri Housing Development Commission. (1) The following conditions shall apply concerning suspension: (A) Suspension shall be imposed only upon the approval of the executive director, either by his/her own action or upon recommendation by the Missouri Housing Development Commission (commission); (B) The existence of any cause for suspension shall not require that a suspension be imposed, and any decision to suspend shall be at the discretion of the executive director of the commission, either upon their own action or upon recommendation by the executive director, and such decision shall be rendered in the best interests of the state; (C) Suspension shall not be based upon unsupported accusation, but must be supported by adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists; (D) In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence which is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn from the existence or absence of affirmative facts; (E) Reasonable suspicion of the existence of a cause described in 4 CSR 170-8.060 may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did in fact occur; and (F) A suspension or debarment invoked by another agency for any of the causes described in 4 CSR 170-8.060 may be the basis for the imposition of a concurrent suspension by the commission, which suspension may be imposed when found to be in the best interest of the state. 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.