Scope of Suspension

PURPOSE: This rule establishes the scope of suspension of a person from a covered transaction with the Missouri Housing Development Commission. (1) Suspension of a person under these regulations constitutes suspension of all its divisions and other organizational elements from all covered transactions, unless the suspension is limited by its terms to one (1) or more specifically identified individuals, divisions, or other organizational elements or to specific types of transactions. (2) A suspension may include all known affiliates of a person, provided that each decision to include an affiliate is made on a case-bycase basis after giving due regard to all relevant facts and circumstances. Such affiliates must be notified of said suspension and given an opportunity to respond in accordance with the procedure for suspension as set out in these regulations. (3) The offense, failure, or inadequacy of performance of an individual may be imputed to a person’s affiliate where such conduct was accomplished within the course of his official duty or was effectuated by him with the knowledge or approval of such affiliate. (4) At the discretion of the Missouri Housing Development Commission (commission), an ongoing program or contractual arrangement may be carried out to completion by a suspended person notwithstanding the suspension. (5) Any person engaged in a covered transaction with the commission shall not renew or extend covered transactions with any person who is suspended except as allowed under the preceding section. 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.