825 R.I. Code R. 825-RICR-10-00-4.3

Current through November 7, 2024

Section 825-RICR-10-00-4.3 - DEFINITIONS

A. "Adequate Evidence" means information that is sufficient to support a reasonable belief that a particular act, omission, or event has occurred.

B. "Affiliates" means business concerns, organizations, or individuals associated with another as a subordinate, subsidiary, or member. Business concerns, organizations, or individuals are Affiliates if, directly or indirectly, (A) either one controls or has the power to control the other, or (B) third-party 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 debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.

C. "Civil Judgment" means a judgment or finding of civil offense by any court or administrative body of competent jurisdiction.

D. "Contractor" means any person that does either of the following directly or indirectly (e.g., through an Affiliate):

1. performs or provides labor or professional or technical services or supplies goods to the Corporation pursuant to a contract or participation agreement; or

2. conducts business with the Corporation as the agent, representative, or subcontractor of another contractor.

E. "Conviction" means a judgment of guilt in a criminal case by any court of competent jurisdiction, whether by verdict, guilty plea, or plea of nolo contendere, and whether the judgment has been or is on appeal.

F. "Debarment" means action taken to exclude a person from direct or indirect participation in any Corporation program or transaction whether as a Contractor, Participant or as an Affiliate thereof.

G. "Notice" means written communication delivered by personal service or sent either by certified mail, return receipt requested, or by commercial courier with verification of delivery.

H. "Participant" means any person who directly or indirectly takes part in or is involved in or applies to participate in a Corporation program or transaction other than as a Contractor. Participant includes a person who receives benefits or income from or through another Participant or Contractor. A Participant includes any of the following:

1. Bonding companies

2. Borrowers

3. Builders

4. Grantees

5. Mortgagors

6. Management agents

7. Marketing agents

8. Owners of housing developments

9. Recipients of housing subsidies

10. Persons employed by, or offering services to, Participants, such as any of the following:

a. Architects

b. Accountants

c. Attorneys

d. Consultants

e. Engineers

f. Contractors with Participants

g. Subcontractors of Contractors with Participants

I. "Person" means an individual, sole proprietor, corporation, limited liability corporation, partnership, limited partnership, joint venture, association, unit of government, or other form of legal entity.

J. "Respondent" means a person against whom Debarment or Suspension is to be imposed.

K. "Suspension" means an action which immediately excludes a person from direct or indirect participation in Corporation programs or transactions, whether as a Participant, Contractor or Affiliate thereof, for a temporary period pending completion of any legal or Debarment proceeding.

825 R.I. Code R. 825-RICR-10-00-4.3