825 R.I. Code R. 825-RICR-10-00-4.6

Current through November 7, 2024

Section 825-RICR-10-00-4.6 - Debarment Procedures

A. Debarment procedures shall be initiated by an authorized officer or employee of the Corporation, as designated by the Board of Commissioners. Procedures shall commence with the sending of a written Notice of Debarment to the respondent.

B. The Notice of Debarment shall be sent to each Respondent and shall contain all the following information:

1. That Debarment is being proposed.

2. The acts or omissions that are the grounds upon which Debarment shall be based.

3. The particular provisions of laws, regulations, rules, and program requirements involved.

4. The nature and duration of the proposed Debarment.

5. That the Respondent has the right to request a hearing regarding the proposed Debarment.

C. A Respondent is entitled to a hearing on the matters set forth in the Notice of Debarment by delivering a written Request for Hearing to the authorized officer or employee initiating the Debarment procedures within fifteen (15) days of the Notice of Debarment. If the Respondent does not request a hearing as provided herein, the proposed Debarment shall be implemented without further notice.

D. If a hearing is requested:

1. The Corporation will schedule a hearing and send written notice to the Respondent at least fifteen (15) days in advance of the hearing specifying:

a. The time, place and nature of the hearing;

b. A statement of the legal authority and jurisdiction under which the hearing is to be held;

c. A reference to the sections of the statutes and rules involved; and

d. A short and plain statement of the matters at issue.

2. The hearing will commence within thirty (30) days of the date of the Request for Hearing, unless mutually extended by the Corporation and the respondent.

E. The hearing will be conducted in accordance with this Part and the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, as amended. The Corporation's Board of Directors shall designate authorized officials to serve as hearing officers to effectuate this Part.

F. Within sixty (60) days of the completion of the hearing, the hearing officer shall issue his or her written order. Said written order shall be presented for review and approval by the Corporation's Board of Commissioners at its next regularly scheduled or special meeting held in accordance with the requirements of the Rhode Island Open Meetings Act, R.I. Gen. Laws Chapter 42-46. As part of the review by the Board of Commissioners, the respondent shall have the right to submit written exceptions or arguments responding to the hearing officer's order. The Board of Commissioners may approve the order and recommended sanctions, remand the matter to the hearing officer for further specifically defined proceedings or vote to deny the imposition of sanctions.

G. Any respondent may elect to resolve the matter with the Corporation before the completion of the hearing, such that the Respondent agrees to accept a sanction imposed by the Corporation. The Respondent and the Corporation shall sign a notarized agreement stating the Respondent's agreement to forgo the initiation or completion of a hearing and the Respondent's agreement to the imposed sanction.

825 R.I. Code R. 825-RICR-10-00-4.6