99- 346 C.M.R. ch. 25, § 12

Current through 2024-44, October 30, 2024

Section 346-25-12 - Debarment

For purposes of this section and Section 11 only, the following terms shall have the following meaning:

A. "Person" shall mean any individual, corporation, partnership or other business entity, and shall include affiliates, associates and subsidiaries of any such entity. Person shall also include directors and officers who are closely connected to or associated with such an entity so as to control it or have the power to control it in any business dealings.

B. "Debarment" shall me and is qualification from bidding on or sub-contracting for any project administered by the Maine Housing.

C. "Bidding Crime" shall me an any act prohibited by state or federal law committed in any jurisdiction involving fraud, conspiracy, collusion, perjury or material misrepresentation with respect to bidding on any public or private contract, and shall include violations of state anti-trust laws, federal anti-trust laws, the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, et seq., and the Mail Fraud Act, 18 U.S.C. § 1341, et seq.

D. Maine Housing shall have the authority to Debar any Person for the following reasons for such period of time as it deems appropriate.

1. Conviction of a Bidding Crime resulting from either a jury or benchtrial; any plea of guilty or nolo contendere to a charge of a bidding crime; or any admission by any Person of a Bidding Crime; or any testimony under oath by an unindicted co-conspirator indicating a Person's involvement in a Bidding Crime.

2. Conviction of any offense indicating a lack of moral or ethical business integrity as may reasonably be perceived to relate to or reflect upon the business practices of the Person.

3. Debarment by any other State or Federal agency for substantially any of the reasons listed in this Section.

4. Making false, deceptive, or fraudulent statements on any documents submitted to Maine Housing.

5. Any other cause affecting a Person's responsibility as a contract or of a serious and compelling nature.

E.Notification and Right to Hearing

1. Any Person considered for Debarment shall be sent written notice by certified mail and allowed the opportunity for a Fair Hearing to determine whether Debarment is appropriate. The notice shall state that Debarment is being considered, the reason sunderlying the consideration of Debarment and that the Person under consideration shall be afforded an opportunity for a hearing on a specified date.

2. Hearings shall be conducted in accordance with Section 11.

99- 346 C.M.R. ch. 25, § 12