Current through November 7, 2024
Section 825-RICR-10-00-4.11 - SuspensionA. The Corporation may impose Suspension on a Contractor, a Participant and/or a named Affiliate thereof when adequate evidence exists that any of the causes set forth in § 4.5(A) of this Part are present and the decision to suspend is in the Corporation's best interests.B. The Corporation's Executive Director may, upon receipt of reports, investigations, or other documents determine that cause exists to suspend a Contractor, a Participant and/or any named Affiliate. Unless exigent and emergency circumstances mandate the immediate imposition of a Suspension, the Executive Director shall furnish written Notice of Suspension to each Respondent at least five (5) days before the effective date of Suspension. The Notice of Suspension shall state: 1. that a Suspension has been imposed;2. the effective date of the Suspension;3. the facts giving rise to the Suspension;4. the causes relied upon for the Suspension;5. that the Suspension is for a temporary period pending the completion of an investigation and any ensuing legal or debarment proceeding.C. The Executive Director shall report the Suspension to the Corporation's Board of Commissioners at its next regularly scheduled or special meeting held in accordance with the provisions of the Rhode Island Open Meetings Act, R.I. Gen. Laws Chapter 42-46.D. Within thirty (30) days after receipt of the Notice of Suspension, each Respondent may submit to the Executive Director, in writing, any relevant information or argument in opposition to or clarification of the suspension.E. Upon receipt of such written response, the Executive Director shall determine in the exercise of his or her reasonable discretion and within ten (10) days thereafter whether the response raises a genuine and material dispute regarding the facts upon which the Suspension is based and whether a hearing is necessary to review the disputed facts. If the Executive Director determines that a hearing should be held, it shall be subject to the procedures outlined in §§ 4.6(C) through (E) of this Part, except that the hearing will commence no later than twenty (20) days after the Executive Director's decision that a hearing is necessary, unless the Corporation and the Respondent agree to a later starting date of the hearing.F. A Suspension shall be for a temporary period pending the completion of investigation and any ensuing legal or debarment proceedings, unless sooner terminated. A suspension shall not continue for more than six (6) months from its effective date, unless civil or criminal action regarding the alleged violations shall have been initiated within that period, or unless debarment proceedings have been initiated. The Suspension continues until the legal or debarment proceedings are completed.825 R.I. Code R. 825-RICR-10-00-4.11