Scope

(1) These rules prescribe procedures and circumstances where a person, firm, agency, corporation, association, partnership, developer, contractor, architect, real estate agent, individual or legal entity or an affiliate of an individual or legal entity may be ineligible for participation in any financing through the Tennessee Housing Development Agency or any programs operated by the Agency. The word person includes any of the aforementioned. The Board of Directors of the Tennessee Housing Development Agency may take action resulting in debarment. (a) Debarment means exclusion from employment on THDA projects or contracts or participation in THDA financing or programs for a reasonable, specified period of time commensurate with the seriousness of the offense or the failure or inadequacy of performance generally not to exceed five years. Debarment also means exclusion from participation by reason of ineligibility under regulations of the United States Department of Housing and Urban Development. (b) For the purposes of this chapter, the term “contract crime” shall mean fraud, bribery, collusion or conspiracy involving violation of federal or state criminal statutes in connection with any public contract or any contract in reference to THDA financing or programs. (2) This chapter applies to any person, firm or corporation or assets of any corporation which has been convicted of, has admitted to, or has pleaded guilty or nolo contendere to any contract crime or which assets thereof were utilized or involved in any contract crime. (3) This chapter may apply to any corporation or its assets if any of its officers, directors, shareholders active in management or person holding any similar executive position in the corporation has been convicted of, has admitted to, or has pleaded guilty or nolo contendere to any contract crime or which assets thereof were utilized or involved in any contract crime. (4) This chapter may apply to any partnership or assets of any partnership if any partner has been convicted of, has admitted to, or has pleaded guilty or nolo contendere to any contract crime or which assets thereof were utilized or involved in any contract crime. (5) This chapter may apply to any joint venture, other association, person, legal entity or the assets of any joint venture, association, person or legal entity, if any joint venturer, any managing agent, any person entitled to share in the proceeds and engaged in the active management thereof, or any person holding an executive position thereof has been convicted of, has admitted to, or has pleaded guilty or nolo contendere to any contract crime, or which assets thereof were utilized in any contract crime. (6) This chapter may apply to any corporation or assets of any corporation if the illegal acts of any of its officers, directors, shareholders active in management or person holding any similar executive position UNACCEPTABILITY FOR EMPLOYMENT ON PROJECTS FUNDED BY CHAPTER 0770-2-1 TENNESSEE HOUSING DEVELOPMENT AGENCY in it were directly or indirectly responsible for a conviction, admission, plea of guilty or nolo contendere to a contract crime by any other firm, corporation, venture, person or legal entity or which assets thereof were utilized or involved in any contract crime by any other firm, corporation, joint venture, person or legal entity. (7) This chapter may apply to any partnership or assets of any partnership if the illegal acts of any partner were directly or indirectly responsible for a conviction, admission, plea of guilty or nolo contendere to a contract crime by any other firm, corporation, or joint venture, person or legal entity or which assets thereof were utilized or involved in any contract crime by any other firm, corporation, joint venture, person or legal entity. (8) This chapter may apply to any joint venture, association, person, legal entity or assets of any joint venture association, person or legal entity if the illegal acts of any joint venturer, managing agent, person entitled to share in the proceeds and engaged in the active management thereof, or person holding an executive position were directly or indirectly responsible for a conviction, admission, plea of guilty or nolo contendere to a contract crime by any other firm, corporation or joint venture, person or legal entity or which assets thereof were utilized or involved in any contract crime by any other firm, corporation, joint venture, person or legal entity.