Tenn. Comp. R. & Regs. 1680-05-01-.03
When the Department receives sufficient information from any source concerning a cause for suspension or debarment, we will investigate it and/or refer it to the appropriate agencies. We will refer the question of whether to suspend or debar a person to our designated initiating official for consideration, if appropriate. This individual shall not be the suspending or debarring official.
In deciding whether to suspend or debar a person, we will handle the actions as informally as practicable, consistent with principles of fundamental fairness.
Yes, when a Federal agency or the Department has an interest in a suspension or debarment, the agencies may consider designating one agency as the lead agency for making the decision. Suspension or debarment of a person by the appropriate Federal authority or another state shall apply to all covered transactions subject to exceptions as may be granted by the Commissioner in writing. Any exceptions by the Commissioner on debarment and suspension imposed by an appropriate Federal authority can only be granted on projects without federal aid.
If you are suspended or debarred, the suspension or debarment is effective as follows:
For purposes of actions taken under these rules, we may impute conduct as follows:
We may impute the fraudulent, criminal, or other improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with an organization, to that organization when the improper conduct occurred in connection with the individual's performance of duties for or on behalf of that organization, or with the organization's knowledge, approval or acquiescence. The organization's acceptance of the benefits derived from the conduct is evidence of knowledge, approval or acquiescence.
We may impute the fraudulent, criminal, or other improper conduct of any organization to an individual, or from one individual to another individual, if the individual to whom the improper conduct is imputed either participated in, had knowledge of, or reason to know of the improper conduct.
We may impute the fraudulent, criminal, or other improper conduct of one organization to another organization when the improper conduct occurred in connection with a partnership, joint venture, joint application, association or similar arrangement, or when the organization to whom the improper conduct is imputed has the power to direct, manage, control or influence the activities of the organization responsible for the improper conduct. Acceptance of the benefits derived from the conduct is evidence of knowledge, approval or acquiescence.
Yes, we may reach an agreement with a person on a debarment or suspension action at any time if we determine it is in the best interest of the State.
If we reach an agreement with you in which you agree to be excluded, it is called a voluntary exclusion and has the described effect.
Yes, and any agency or person may contact us to find out the details of a voluntary exclusion.
A person may not challenge any final action taken under these rules based upon the Department's failure to follow any technical requirement of these rules unless and to the extent that the Department's failure amounts to a failure of fundamental fairness such that the person is deprived of due process of law as may be required by constitutional law.
Tenn. Comp. R. & Regs. 1680-05-01-.03
Authority: T.C.A. §§ 4-3-2303 and 54-5-117.