Period of Suspension

PURPOSE: This rule establishes the criteria for determining the period of suspension of a person from a covered transaction with the Missouri Housing Development Commission. (1) Suspension shall be for a temporary period of time pending the completion of an investigation by the Missouri Housing Development Commission (MHDC) into causes for debarment or while awaiting verdict or civil judgment in any action as described in 4 CSR 170-8.060, unless terminated sooner by the suspending official, or as provided in section (2) of this rule. (2) If legal proceedings originating within MHDC or with a person outside of MHDC or administrative proceedings originating with a person outside of MHDC are not initiated within twelve (12) months, the suspension shall be terminated unless the suspending official determines that there is adequate evidence that cause for debarment exists, in which case the suspending official may extend the suspension for an additional six (6) months. In no event may a suspension under this section extend beyond eighteen (18) months unless proceedings have been initiated within that time period. (3) If administrative proceedings originating with MHDC are not initiated within six (6) months, the suspension shall be terminated unless the suspending official determines that there is adequate evidence that cause for debarment exists, in which case the suspending official may extend for an additional six (6) months. In no event may a suspension for administrative proceedings originating within MHDC extend beyond twelve (12) months. (4) The suspending official shall notify the general counsel of any proposed change(s) in the period of suspension at least forty-five (45) days prior to the proposed date of said change(s). The general counsel shall have fifteen (15) days to review the proposed change(s) to insure all proper procedures and policies have been followed. The excluded person shall be notified subsequent to the general counsel’s review, but in no event shall the excluded person be notified less than thirty (30) days prior to the date that the proposed change is to take effect. 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.