Ala. Admin. Code r. 305-0-2-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 305-0-2-.02 - Definitions(1) Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission has occurred.(2) Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or, a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension or debarment of a person which has the same or similar management, ownership, or principal employees as the suspended, debarred, ineligible, or voluntarily excluded person.(3) Agency/ADECA. The Alabama Department of Economic and Community Affairs.(4) Division. A subsection of ADECA as designated by the Director, or state law.(5) Civil judgment. The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement, stipulation, or otherwise creating a civil liability for the wrongful acts complained of; or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 ( 31 U.S.C. 3801-12).(6) Conviction. A judgment of conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, including a plea of nolo contendere.(7) Covered transaction. Any activity funded in part or in whole with funds administered, granted, or disbursed by ADECA. This includes grants, projects, contracts for work paid for through ADECA funds, etc.(8) Debarment. An action taken by a debarring official in accordance with these regulations to exclude a person from participating in covered transactions. A person so excluded is "debarred."(9) Debarring official. An official authorized to impose debarment. The debarring official is either: (b) An official designated by the Director.(10) Ineligible. Excluded from participation in federal nonprocurement programs pursuant to a determination of ineligibility under statutory, executive order, or regulatory authority, other than Executive Order 12549 and its agency implementing regulations; for example, excluded pursuant to the Davis-Bacon Act and its implementing regulations, the equal employment opportunity acts and executive orders, or the environmental protection acts and executive orders. A person is ineligible for all programs when determined ineligible for any program.(11) Legal proceedings. Any criminal proceeding or any civil judicial proceeding to which the Federal Government or a state or local government or quasi-governmental authority is a party. The term includes appeals from such proceedings.(12) Nonprocurement List. The portion of the List of Parties Excluded from Federal Procurement or Nonprocurement Programs complied, maintained and distributed by the General Services Administration (GSA) containing the names and other information about persons who have been debarred, suspended, or voluntarily excluded under Executive Order 12549 and these regulations, and those who have been determined to be ineligible.(13) Notice. A written communication served in person or sent by certified mail, return receipt requested, or its equivalent, to the last known address of a party, its identified counsel, its agency for services of process, or any partner, officer, director, owner, or joint venturer of the party. If the notice is returned to the agency unopened and/or undelivered after the notice has been sent to the party by certified mail, return receipt requested, or its equivalent, and the United States Postal Service has made the required number of attempts to notify the party to retrieve the certified mail, then the sender shall mail the notice to the party's same address by regular first class mail. If the notice that was sent by regular first class mail is subsequently returned to the agency as mail unopened and/or undeliverable by the United States Post Office, then the sender shall post the notice for a period of three consecutive days in a newspaper of general circulation in the geographic region wherein the party last served in his or her capacity during the time period when he or she received ADECA grant funds or participated in a program which received ADECA grant funds. The party will be considered to have received this notice on the final day of the notice's newspaper publication.(14) Participant. Any person who submits a proposal for, enters into, or reasonably may be expected to enter into a covered transaction. This term also includes any person who acts on behalf of or is authorized to commit a participant in a covered transaction as an agency or representative of another participant.(15) Person. Any individual, corporation, partnership, association, non profit organization, unit of government or legal entity, however organized.(16) Preponderance of the evidence. Evidence which is of greater weight or more convincing that the evidence which is offered in opposition to it.(17) Principal. Officer, director, owner, partner, key employee, or other person within a participant with primary management or supervisory responsibilities; or a person who has a critical influence on or substantive control over a covered transaction, whether or not employed by the participant. Persons who have a critical influence on or substantive control over a covered transaction are principal investigators.
(18) Proposal. A solicited or unsolicited bid, application, request, invitation to consider or similar communication by or on behalf of a person seeking to participate or to receive a benefit, directly or indirectly, in or under a covered transaction.(19) Respondent. A person against whom a debarment or suspension action has been initiated.(20) Suspending official. An official authorized to impose suspension. The suspending official is either: (b) An official designated by the Director.(21) Suspension. An action taken by a suspending official in accordance with these regulations that immediately excludes a person from participating in covered transactions for a temporary period, pending completion of an investigation and such legal or debarment, or other proceedings as may ensue.(22) Grantee. Any organization or individual that:(a) Submits proposals for or is awarded, or may be expected to submit proposals for or be awarded an ADECA contract and/or Grant Agreement.(b) Conducts business with ADECA as an agent or representative of a grantee.(23) Director. The Director of ADECA. (Alabama Department of Economic and Community Affairs.)(24) ADECA List. The ADECA Consolidated List of Debarred, Suspended or Ineligible Persons/Grantees as maintained by ADECA. Author:
Ala. Admin. Code r. 305-0-2-.02
New Rule: Filed June 25, 1993, effective July 30, 1993. Amended: Filed January 8, 1998; effective February 12, 1998.Statutory Authority:Code of Ala. 1975, §§ 41-22-1-27, 41-23-6.