reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 5 - DEVELOPMENT FUND GRANTS › Section R. 125.151 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 151. An application for a development fund grant must
				  include information and, where required by the authority staff, supporting
				  materials and evidence with respect to all of the following:
(a) That the applicant is an applicant
				authorized by the act to receive a development fund grant.
(b) The proposed housing or community
				development activities for which assistance in planning or implementation is
				being requested.
(c) The total cost
				of the planned activities, the net costs to the applicant, and a schedule of
				the proposed uses of the requested development fund grant and the amounts
				proposed to be allocated to each use.
(d) Other matters with respect to the
				proposal, the applicant, and other parties involved as the authority staff and
				the executive director require.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 5 - DEVELOPMENT FUND GRANTS › Section R. 125.152 - Processing and evaluation of applications

Current through Vol. 24-12, July 15, 2024
Rule 152.
(1) An
				application for a development fund grant must be processed by the authority
				staff on the basis of the authority's evaluation factors.
(2) An applicant may be required to furnish
				to the authority staff supplementary information and to amend the application
				to cause the planned activities to be fully consistent with the authority's
				evaluation factors.
(3) Upon
				completion of the processing, all applications for development fund grants in
				the amount of $250,000 or more must be presented to the authority for approval,
				along with the authority staff analysis of the application and the executive
				director's recommendation with respect to the application subject to such
				terms, conditions, and requirements deemed necessary by the
				authority.
(4) If the amount of the
				development fund grant is less than $250,000.00, the executive director shall
				review the authority staff analysis and determine whether all of the following
				requirements are met:
(a) The applicant is
				authorized by the act to receive a development fund grant.
(b) The applicant will use the grant funds in
				planning for or implementing any activities permitted in the act.
(c) The applicant is reasonably expected to
				be able to successfully implement the proposal.
(d) The application satisfies the evaluation
				factors and criteria adopted by the authority.
If the requirements of this subrule are met, the executive
				  director may issue, on behalf of the authority, a commitment for a development
				  fund grant to the applicant. The development fund grant commitment must contain
				  terms, conditions, and requirements as deemed necessary by the executive
				  director. The authority may require repayment of these grants.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 5 - DEVELOPMENT FUND GRANTS › Section R. 125.153 - Authorization of development fund grants in the amount of $250,000 or more

Current through Vol. 24-12, July 15, 2024
Rule 153.
(1) For
				applications for development fund grants in the amount of $250,000 or more, the
				authority shall review each analysis and recommendation presented and, if it
				determines that the application meets the requirements of the act and these
				rules and is consistent with the authority's evaluation factors, by resolution,
				it may authorize a development fund grant to the applicant in an amount not to
				exceed the net costs to the applicant of the planned activities.
(2) The resolution of the authority must
				include all of the following determinations by the authority:
(a) The applicant is authorized by the act to
				receive a development fund grant.
(b) The applicant will use grant funds in
				planning for or implementing any activities permitted in the act.
(c) The applicant is reasonably expected to
				be able to successfully implement the proposal.
(d) The application satisfies the evaluation
				factors and criteria adopted by the authority.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 5 - DEVELOPMENT FUND GRANTS › Section R. 125.154 - Priorities for allocation of development fund monies

Current through Vol. 24-12, July 15, 2024
Rule 154. Priorities for allocation of monies in the housing
				  development fund available for development fund grants may be established and
				  revised by the authority. Priorities are based on criteria established by the
				  authority as best effectuating the purposes of the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 6 - AUTHORITY LOAN DOCUMENTS › Section R. 125.161 - Authority loan documents

Current through Vol. 24-12, July 15, 2024
Rule 161.
(1) Forms
				of documents to be used with respect to development fund loans, mortgage loans,
				and the issuance and sale of authority notes and bonds must be prepared, and
				may be revised and amended, by the authority staff under direction of the
				executive director on behalf of the authority, subject to legal
				requirements.
(2) The appropriate
				forms of the documents must be employed with respect to all matters relating to
				development fund loans and mortgage loans.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 6 - AUTHORITY LOAN DOCUMENTS › Section R. 125.162 - Remedies

Current through Vol. 24-12, July 15, 2024
Rule 162. The authority reserves the right to pursue all
				  remedies prescribed by law or in the act for breach or violation of any
				  provision of any authority loan document described in
				  R
				  125.161.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 7 - LAND ACQUISITION AND DEVELOPMENT › Section R. 125.171 - Land acquisition and development proposals

Current through Vol. 24-12, July 15, 2024
Rule 171.
(1) The
				authority staff may develop proposals for the use of money in the land
				acquisition and development fund created by the act. A proposal may be for the
				following:
(a) The acquisition by grant,
				purchase, or otherwise of real property, which for purposes of this part is
				defined as any interest, including a fee and leasehold interest, in land or
				improvements to land, or a portion thereof, by the authority under any of the
				following circumstances:
(i) The real property
				may be suitable for a future housing development or housing project.
(ii) The real property is located in a
				residential area where the authority has financed or has planned to finance
				housing, and the proposed use of the real property improves the quality of the
				residential area by eliminating blight or provides needed public or commercial
				facilities.
(iii) The real property
				is so situated that the present or future use of the real property, if not
				acquired by the authority, adversely affects the value or marketability of the
				authority-financed housing project.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 7 - LAND ACQUISITION AND DEVELOPMENT › Section R. 125.172 - Approval and implementation of proposals

Current through Vol. 24-12, July 15, 2024
Rule 172.
(1) The
				authority shall review a proposal and recommendation and, if it determines that
				the proposal meets the requirements of the act and these rules, by resolution,
				it may approve the proposal and authorize and direct the implementation of the
				proposal and the use of appropriate money of the authority in connection with
				the implementation.
(2) The
				resolution may provide that any real property or interest therein to be
				acquired by the authority may be acquired in the authority's name or through
				and in the name of a duly authorized agent of the authority. If any such real
				property or interest therein is to be purchased on land contract, option, or
				other form of deferred payment agreement, or subject to mortgages or other
				encumbrances, the authority, by the resolution, shall reserve money in the land
				acquisition and development fund or authorization to issue notes and bonds, the
				aggregate amount of which equals the unpaid principal balance of the land
				contract, option, mortgage, or other encumbrance or deferred payment agreement
				plus any anticipated carrying charges, including without limitation, insurance
				premiums, interest, maintenance expenses, and property taxes. In the event that
				the acquisition is to be accomplished through a duly authorized agent of the
				authority, the authority shall require the agent to protect the authority's
				interest in the property and to convey the property interest to the authority
				upon the authority's request, and the records of the authority shall reflect
				the existence of, and the authority's rights in, the real property or interest
				therein.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 7 - LAND ACQUISITION AND DEVELOPMENT › Section R. 125.173 - Sale or exchange of property of authority

Current through Vol. 24-12, July 15, 2024
Rule 173.
(1) The
				authority, by resolution, may authorize and direct the sale, assignment,
				transfer, conveyance, lease, mortgage, or other disposal or encumbrance of real
				or personal property or any interest therein, or part thereof, with respect to
				which money from the land acquisition and development fund have been expended
				to any individual, firm, partnership or corporation, county, municipality,
				authority, or federal or state agency at a price and on the terms and
				conditions that meet the requirements of the act and are considered appropriate
				by the authority.
(2) The
				authority, by resolution, may authorize and direct the exchange of real
				property with respect to which money from the land acquisition and development
				fund have been expended, if the authority determines that the real property
				proposed for acquisition meets the requirements of
				R
				125.171(1)(a).
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 8 - HOME IMPROVEMENT LOANS › Section R. 125.181 - Eligible applicants

Current through Vol. 24-12, July 15, 2024
Rule 181. An applicant for a property improvement loan shall
				  satisfy all of the following requirements:
(a) An applicant shall be an individual fee
				owner of the residential structure to be improved or an individual
				member-shareholder in a nonprofit cooperative housing corporation who has a
				proprietary interest in a residential structure. The residential structure may
				be subject to a mortgage or other lien securing a debt.
(b) An applicant shall meet credit
				requirements as established by the authority.
(c) The residential structure to be improved
				must not be in violation of applicable zoning ordinances or other applicable
				land use guidelines.
(d) The
				residential structure may not contain more than 24 dwelling units.
(e) The applicant shall use property
				improvement loan proceeds to finance only new improvements upon, or in
				connection with, existing structures and shall not use the property loan
				proceeds to refinance an existing mortgage or debt, or to complete an
				unfinished residential structure.
(f) All improvements must be reasonably
				capable of being completed, except for causes beyond the applicant's reasonable
				control, within 6 months of the date of the first disbursement of funds
				pursuant to the property improvement loan. The authority may extend this period
				for good cause shown.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 8 - HOME IMPROVEMENT LOANS › Section R. 125.182 - Eligible improvements

Current through Vol. 24-12, July 15, 2024
Rule 182.
(1)
				Improvements made with property improvement loan proceeds must satisfy the
				following requirements:
(a) Improvements may
				be made in order to comply with applicable state, county, and municipal health,
				housing, building, fire prevention and housing maintenance codes, or other
				public standards applicable to housing.
(b) Improvements may also be made that
				protect or improve the basic livability or utility of a residential structure
				and make the residential structure safe, sanitary, or adequate. However, to be
				an eligible improvement, it must be a permanent general improvement.
(c) An improvement must be made in compliance
				with all applicable health, fire prevention, building, housing, and housing
				maintenance codes, and other public standards applicable to housing. However,
				no application for a property improvement loan for a dwelling unit occupied by
				the owner may be denied solely because the improvements will not bring the
				dwelling unit into full compliance with all applicable codes and
				standards.
(d) Property improvement
				loans proceeds may not be used for the payment, wholly or in part, of an
				assessment for public improvements. However, proceeds may be used for
				improvements that will bring an individual sewage disposal system, including
				septic systems, located on the residential real property improved by a
				residential structure into compliance with local, state, and federal
				environmental and sanitary standards.
(e) The authority may require that all
				contracts covering all or any portion of an improvement contain an
				authority-approved warranty on workmanship and materials.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9 - MICHIGAN HOUSING AND COMMUNITY DEVELOPMENT FUND; MICHIGAN HOUSING AND COMMUNITY DEVELOPMENT PROGRAM › Section R. 125.190 - Program purpose and applicability

Current through Vol. 24-12, July 15, 2024
Rule 190. The authority shall use the Michigan housing and
				  community development fund created in section
				  58 a of the act, MCL
				  125.1458a, to provide loans,
				  grants, or other comparable forms of assistance to eligible applicants to
				  finance, acquire, rehabilitate, and develop decent, safe, and sanitary housing
				  and projects located in a downtown area or adjacent neighborhood in this state.
				  The use of the Michigan housing and community development fund is limited to
				  activities outlined in sections
				  58 b and 58c of the act, MCL
				  125.1458b and
				  125.1458c, as follows:
(a) Developing and coordinating public and
				private resources to meet the housing needs of low-income, very low-income, and
				extremely low-income households in this state, particularly innovative
				strategies leveraging public and private resources to meet these
				needs.
(b) Developing housing for
				the homeless, including both transitional housing and permanent
				housing.
(c) Developing rental
				housing.
(d) Providing funding to
				eligible applicants with respect to housing or homeownership for individuals
				and families of low-income, very low-income, and extremely low-income
				households and projects located in a downtown area or adjacent neighborhood in
				this state, including funding for all of the following:
(i) Acquisition of land and
				buildings.
(ii)
				Rehabilitation.
(iii) New
				construction.
(iv) Development
				costs and predevelopment costs.
(v)
				Preservation of existing housing.
(vi) Community development projects,
				including, but not limited to, infrastructure improvements, economic
				development projects, blight elimination, or community facilities.
(vii) Insurance.
(viii) Operating and replacement
				reserves.
(ix) Down payment
				assistance.
(x) Security deposit
				assistance.
(xi) Foreclosure
				prevention and assistance.
(xii)
				Individual development accounts established under the individual or family
				development account program act, 2006 PA 513, MCL
				206.901 to
				206.911.
(xiii) Activities related to ending
				homelessness.
(xiv) Assistance to
				nonprofit organizations, municipalities, and land bank fast track authorities
				organized under the land bank fast track act, 2003 PA 258, MCL
				124.751 to
				124.774.
(xv) Predatory lending prevention or
				relief.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.193 - Application procedures and requirements

Current through Vol. 24-12, July 15, 2024
Rule 193.
(1)
				Applications received by the authority in response to a Michigan housing and
				community development program NOFA or RFP must be handled in the following
				manner:
(a) The authority shall accept
				applications on an ongoing basis during the application acceptance period as
				specified in the NOFA or RFP.
(b)
				Applications submitted and accepted by the authority will be reviewed in the
				following manner:
(i) Authority staff shall
				review all applications for eligibility, threshold, and selection criteria and
				ensure that all application requirements have been met.
(ii) Authority staff shall review
				applications to determine whether they comply with the NOFA or RFP and
				applicable law.
(iii) Authority
				staff may issue a notice of any administrative deficiencies related to
				applications reviewed.
(iv)
				Authority staff shall conduct a comprehensive review of financial feasibility
				for development activities proposed in any application deemed acceptable under
				paragraphs (i) to (iii) of this subdivision.
(v) Authority staff shall create a report
				setting forth the recommended terms, amount, and any conditions related to the
				proposed loan, grant, or project.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.194 - Evaluation criteria for funding; other program requirements

Current through Vol. 24-12, July 15, 2024
Rule 194.
(1)
				Requests for funding scoring the highest on the criteria explained in subrule
				(2) of this rule are most likely to be awarded funds.
(2) The following criteria will be used in
				evaluating the responses to any Michigan housing and community development
				program NOFA or RFP:
(a) To be eligible for
				funding, an applicant must first demonstrate that it meets each of the
				following threshold criteria:
(i) The
				application is consistent with the requirements established in the act, this
				rule, the NOFA, or the RFP.
(ii) If
				the application involves either a rental housing project or a home ownership
				project, the application requests funding for a project that sets aside at
				least 20% of the rental units or housing units in the project for households
				earning not more than 60% of the area median income.
(iii) The application includes a letter of
				support from the highest-ranking elected official for each of the jurisdictions
				served by the proposed project.
(iv) The application meets the readiness to
				proceed requirements established in the NOFA or the RFP.
(v) Any outstanding housing and community
				development fund predevelopment loans for the same proposed development site
				must be paid in full at the time of loan closing for the current requested
				funds.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.195 - Biennial plan; allocations; earmarks; carryover

Current through Vol. 24-12, July 15, 2024
Rule 195.
(1)
				Pursuant to the act, the authority shall biennially develop, propose, and
				establish a biennial plan related to the Michigan housing and community
				development program. The biennial plan must be issued pursuant to the
				requirements of the act and all of the following:
(a) The authority shall, as a part of the
				biennial plan, issue an allocation plan related to the disbursement of program
				funds.
(b) The authority's biennial
				plan and allocation plan must contain an allocation formula related to the
				disbursement of program funds.
(c)
				The following statutory earmark and lookback procedures apply to any biennial
				plan, allocation plan, and allocation formula:
(i) Not less than 25% of the dollars used for
				loans or grants made in any program year must be earmarked for rental housing
				projects that do not qualify under preferences for special population groups,
				or other preferences contained in the allocation plan.
(ii) Not less than 30% of the dollars used
				for loans or grants made in any program year must be earmarked for projects
				that target extremely low-income households and include housing for the
				homeless, supportive housing, transitional housing, or permanent
				housing.
(iii) A portion of the
				fund must be expended for housing for persons with disabilities and individuals
				living in eligible distressed areas.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.196 - Reporting requirements; program periods; compliance monitoring; review; recapture

Current through Vol. 24-12, July 15, 2024
Rule 196.
(1) The
				following provisions regarding reporting apply:
(a) All recipients of program funds shall
				report back to the authority on a semiannual basis about their use of program
				funds. The authority shall collect information from recipients to establish
				that the program funds are being spent correctly and to measure the results or
				performance of its spending against the objectives of the Michigan housing and
				community development program.
(b)
				The authority shall establish as a part of each biennial plan reporting forms
				that must be submitted by the recipients on a semiannual basis. These reports
				must include both a performance monitoring form and a financial monitoring
				form.
(c) The performance
				monitoring form must be signed by the chief executive officer of the recipient
				and analyze the management performance of the recipient, specifically including
				a description of the following items:
(i) What
				was done with the program funds and whether what was done was consistent with
				the goals and strategies outlined in the application.
(ii) How well it was done, including a
				discussion of how success or failure will be measured.
(iii) Who has benefited from the distribution
				of program funds, including details on results.
(d) The financial monitoring form must be
				signed by the chief financial officer of the recipient and analyze the
				financial performance of the recipient. Program funds must be used in an
				efficient, effective, and appropriate manner, consistent with the Michigan
				housing and community development program objectives and priorities, including
				community needs. Program funds must also be appropriately and properly
				accounted for with documentation that adequate safeguards have been instituted
				by the recipient to ensure that there is no misuse of program funds.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.197 - Hearings procedures

Current through Vol. 24-12, July 15, 2024
Rule 197. Hearing procedures must include citizen
				  participation as follows:
(a) The
				authority must hold at least 3 public hearings in separate locations throughout
				the state biennially on the program priorities for the upcoming 2-year period.
				At the hearings, the authority shall solicit comments from the public, eligible
				applicants, and administrators and development owners on the Michigan housing
				and community development fund and program rules, guidelines, and
				procedures.
(b) The authority must
				consider the comments received at public hearings. Biennially, the authority
				must review the performance, administration, and implementation of the Michigan
				housing and community development fund in light of public comment it receives.
				The authority shall also review the biennial plan, allocation plan and
				allocation formula, funding goals, and earmarks relating to allocation and
				award of the Michigan housing and community development fund monies.
(c) The authority must submit an annual
				report to the governor and the legislature under section
				58b(6) of the
				act, MCL 125.1458b. The authority shall
				include the statutorily required information in the annual report, as well as
				any other information that the authority staff, review committee, or authority
				board believe would enhance the understanding that the elected officials and
				citizens of this state have regarding the operation of the Michigan housing and
				community development program.
(d)
				After the applicable application deadline related to the NOFA or RFP,
				applications for the Michigan housing and community development funds are
				public information subject to release under the freedom of information act
				(FOIA), 1976 PA 442, MCL
				15.231 to
				15.246, and the authority shall
				afford the public an opportunity to comment on proposed housing applications
				prior to the making of awards.
(e)
				Before any proposed change to these rules, the authority must conduct a public
				hearing in accordance with the provisions of the administrative procedures act
				of 1969, 1969 PA 306, MCL
				24.201 to
				24.328.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.198 - Michigan housing and community development fund advisory committee

Current through Vol. 24-12, July 15, 2024
Rule 198. Pursuant to section
				  58 e of the act, MCL
				  125.1458e, the authority shall
				  seek the advice of the Michigan housing and community development fund advisory
				  committee on both of the following:
(a) Recommendations for the biennial
				allocation plan required under section
				58 b of the act, MCL
				125.1458b.
(b) Fund expenditure review, including
				whether the expenditures are distributed fairly and equitably, whether the
				expenditures satisfy the housing needs and priorities in this state, and
				whether the expenditures satisfy the economic needs and priorities in this
				state.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 9A - APPLICATION, EVALUATION, AND PROGRAM REQUIREMENTS › Section R. 125.199 - Records

Current through Vol. 24-12, July 15, 2024
Rule 199. Records maintenance requirements for applicants and
				  recipients include the following:
(a)
				In addition to any regular reporting obligations provided under
				R 125.193, applicants, recipients, or
				both are required to maintain records on each of the following issues and
				shall, upon the written request of the authority, submit information to the
				authority on any program activity or administration issues, which may include,
				but are not limited to, the following:
(i)
				Information as may be necessary to determine whether a project is benefiting
				low, very low, and extremely low-income households.
(ii) The monthly rent or mortgage payment for
				each dwelling unit in each structure assisted.
(iii) Information as may be necessary to
				determine whether the applicant or recipient, or both, has carried out housing
				or community development activities in accordance with the requirements and
				primary objectives of the Michigan housing and community development fund
				program and implementing regulations.
(iv) The size and income of the household for
				each unit occupied by a low, very low, and extremely low-income
				households.
(v) Data on the extent
				to which any racial and ethnic group and households have applied for and
				benefited from any project or activity funded in whole or in part with funds
				made available under the Michigan housing and community development program.
				This data must be updated annually by the applicant or recipient.
(vi) A final statement of accounting upon
				completion of the project.
(vii)
				Any other information reasonably within the applicant's or recipient's ability
				to determine and to report to the authority, related to the grant or
				loan.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 10 - IDENTITY OF INTEREST WITH VENDORS TO AUTHORITY-FINANCED DEVELOPMENTS › Section R. 125.201 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 201. The rules contained in this part apply to all
				  transactions that involve the supply of goods and services to
				  authority-financed housing developments between the owners or the management
				  agents of the developments and vendors who supply goods or services to those
				  developments.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 10 - IDENTITY OF INTEREST WITH VENDORS TO AUTHORITY-FINANCED DEVELOPMENTS › Section R. 125.202 - Identity of interest; "member of the family" defined

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) Any
				contractual relationship between either an owner or management agent and a
				vendor described in subrule (2) of this rule constitutes an identity of
				interest.
(2) An identity of
				interest exists if any of the following conditions occurs:
(a) Either the owner or management agent, or
				any officer, director, stockholder, partner, or joint venturer of either the
				owner or management agent, has a financial interest in the vendor.
(b) Either the owner or management agent, or
				any officer, director, stockholder, partner, or joint venturer of either the
				owner or management agent, is also an officer, director, stockholder, partner,
				or joint venturer of the vendor.
(c) Either the owner or management agent, or
				any officer, director, stockholder, partner, or joint venturer of either the
				owner or management agent, is also the vendor.
(d) A member of the family of either the
				owner or management agent, or of any officer, director, stockholder, partner,
				or joint venturer of either the owner or management agent, is the vendor or an
				officer, director, stockholder, partner, or joint venturer of the vendor or has
				a financial interest in the vendor. As used in this part, "member of the
				family" means any individual who is related to the party in question by blood,
				marriage, or operation of law.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 10 - IDENTITY OF INTEREST WITH VENDORS TO AUTHORITY-FINANCED DEVELOPMENTS › Section R. 125.203 - Requirements for conducting business with identity of interest vendors

Current through Vol. 24-12, July 15, 2024
Rule 203. Owners and management agents shall conform to all
				  of the following requirements when conducting business with vendors with whom
				  there is an identity of interest:
(a)
				Both the owner and management agent shall inform the authority division of
				asset management of any proposed vendor with whom there is an identity of
				interest. The notification must be submitted concurrent with submission of the
				development operating budget, but at least once per year.
(b) The owner and management agent shall
				submit a certified disclosure for each proposed vendor with whom there is an
				identity of interest that lists the names of all of the following persons:
(i) All owners and managers of vendors that
				are sole proprietorships.
(ii) All
				copartners or general partners of vendors that are copartnerships or limited
				partnerships.
(iii) All joint
				venturers of vendors that are joint ventures.
(iv) All directors, officers, and
				shareholders of vendors that are corporations.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 10 - IDENTITY OF INTEREST WITH VENDORS TO AUTHORITY-FINANCED DEVELOPMENTS › Section R. 125.204 - Sanctions; "excessive costs" defined

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) If an
				owner or management agent is found to be in violation of these rules concerning
				identity of interest, the authority, or the officers or employees to whom it
				may delegate authority, may impose the following sanctions in addition to any
				other remedies available through contractual or grant documents, or at law or
				equity:
(a) On the first occurrence of a
				violation, either or both of the following sanctions may be imposed:
(i) The owner or management agent may be
				required to reimburse the development operating account for all excessive
				costs, as determined by the authority, incurred as a result of the contract
				with the vendor with whom there is an identity of interest.
(ii) The owner and management agent found to
				be in violation may be prohibited from using any vendor with whom there is an
				identity of interest for a period of 1 year.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.211 - Applicability; sanctions

Current through Vol. 24-12, July 15, 2024
Rule 211.
(1) The
				provisions of this part apply to any program or transaction funded or
				administered by the authority, including any of the following:
(a) Grants, assistance contracts, loans,
				subsidies, awards, loan service contracts, allocations, or contracts related to
				federal tax credits administered by the authority.
(b) Participation or agency contracts for
				authority programs.
(c)
				Professional or technical service contracts or subcontracts.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.212 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 212. Definitions provided for in part 1 of the
				  authority's rules, R 125.101 to
				  R 125.103, apply to the provisions of
				  this part unless superseded in this rule as follows:
(a) "Adequate evidence" means information
				that is sufficient to support a reasonable belief that a particular act,
				omission, or event has occurred.
(b)
				"Affiliate" means individuals or entities with whom a person shares an identity
				of interest as defined in part 10 of these rules.
(c) "Contractor" means an individual or
				entity that does either of the following:
(i)
				Performs or provides labor or professional or technical services or supplies
				goods to the authority pursuant to a contract or participation
				agreement.
(ii) Conducts business
				with the authority as the agent, representative, or subcontractor of another
				contractor.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.213 - Debarment; causes

Current through Vol. 24-12, July 15, 2024
Rule 213. Debarment may be imposed for any of the following
				  causes:
(a) Conviction of a criminal
				offense, including a conviction for an attempted criminal activity, or civil
				judgment for an offense or actions involving or indicating dishonesty, false
				pretense, or misrepresentation. Any following offenses may result in debarment:
(i) Fraud.
(ii) Bribery.
(iii) Embezzlement.
(iv) Forgery.
(v) Falsification of documents or
				records.
(vi) Theft.
(vii) Robbery.
(viii) Larceny.
(ix) Receiving and concealing stolen
				property.
(x) Obtaining goods,
				money, or services under false pretenses.
(xi) Negligent misrepresentation.
(xii) Price-fixing.
(xiii) Bid-rigging or other violation of
				federal or state laws involving the submission of bids or proposals.
(xiv) Violation of other federal or state law
				involving illegally obtaining or attempting to obtain public or private goods,
				services, or contracts.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.214 - Debarment procedures

Current through Vol. 24-12, July 15, 2024
Rule 214.
(1)
				Debarment procedures shall be initiated by an authorized officer. Procedures
				will commence with the authority sending a notice of debarment to the
				respondent.
(2) A notice of
				debarment must be sent to each respondent and contain all of the following
				information:
(a) That debarment is being
				proposed.
(b) The acts or omissions
				that are the grounds upon which debarment is based.
(c) The particular provisions of laws,
				regulations, rules, and program requirements involved.
(d) The opportunity for the respondent to
				request and schedule a hearing on the debarment.
(e) The potential effects of
				debarment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.215 - Debarment; duration

Current through Vol. 24-12, July 15, 2024
Rule 215. Debarment shall be for a period of time
				  commensurate with the acts or omissions of the person to be debarred. In
				  general, a person shall not be debarred for more than 3 years. However, where
				  the offense is egregious, a longer period of debarment may be imposed. If a
				  person is suspended pursuant to these rules before debarment, the period of
				  debarment must be reduced by the period of time that the person has been
				  suspended.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.216 - Debarment; scope and effect

Current through Vol. 24-12, July 15, 2024
Rule 216.
(1) The
				decision to debar a person must specify the scope of debarment. A person may be
				debarred from 1 or more particular authority programs or transactions or from
				all authority programs and transactions.
(2) The decision to debar a person, unless
				prohibited by law, may terminate existing contracts or agreements between the
				debarred persons and other nondebarred participants or contractors. However,
				the decision to debar may allow the contracts or agreements to remain in
				effect. A participant or contractor shall not renew or extend a contract or
				agreement with a debarred person.
(3) A decision to debar a person may also
				serve to debar any affiliate of the person, if the affiliate is named in the
				notice to debar and given an opportunity to participate in the debarment
				hearing. There need not be shown any participation in or knowledge of the
				improper conduct, by the affiliate, that led to the decision to
				debar.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.217 - Debarment; time limitations

Current through Vol. 24-12, July 15, 2024
Rule 217. A notice of proposed debarment must be issued
				  within 3 years after the later of either of the following:
(a) Criminal conviction or civil
				judgment.
(b) Completion of
				administrative proceedings, investigation, or other action.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.218 - Reinstatement after debarment

Current through Vol. 24-12, July 15, 2024
Rule 218.
(1)
				Debarred participants or contractors may not resume participation in authority
				programs or transactions until expiration of the period of debarment or until a
				petition for early reinstatement has been submitted and approved by an
				authorized officer of the authority, whichever occurs first.
(2) Petitions for early reinstatement may
				only be submitted as follows:
(a) Upon
				discovery of new evidence that was not previously discoverable or upon the
				dismissal of criminal charges or a civil or administrative action, the reversal
				of a criminal conviction or a civil judgment, or the reversal of the debarment
				or other exclusion imposed by another governmental agency, upon which the
				authority debarment was based.
(b)
				Upon a bona fide change in ownership or management of the person
				debarred.
(c) Upon proof that the
				causes for debarment have been eliminated.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.219 - Suspension; causes

Current through Vol. 24-12, July 15, 2024
Rule 219. Suspension may be imposed, pursuant to the
				  provisions of this rule, if adequate evidence of any of the following
				  exists:
(a) That the person has
				committed an offense set forth in
				R 125.213(a). Either
				of the following events shall, by itself, constitute adequate evidence for
				purposes of imposing suspension:
(i)
				Indictment for an offense listed in
				R
				125.213(a).
(ii) Arraignment on the information in
				circuit court, or an equivalent state court in a state other than Michigan, for
				an offense listed in R
				125.213(a). However, adequate
				evidence may exist although neither of the events listed in paragraphs (i) and
				(ii) of this subdivision has occurred.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.220 - Suspension; procedures

Current through Vol. 24-12, July 15, 2024
Rule 220.
(1)
				Suspension procedures must be initiated by an authorized officer. Procedures
				commence with sending a notice of suspension to the respondent.
(2) A notice of suspension must be sent to
				each respondent and contain all of the following information:
(a) That suspension has been
				proposed.
(b) The acts, events, or
				omissions upon which suspension is based.
(c) The particular provisions of law,
				regulation, rules, or program requirements involved.
(d) When the suspension becomes
				effective.
(e) The opportunity to
				request and schedule a hearing on the suspension.
(f) The potential effects of
				suspension.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.221 - Suspension; scope and effect

Current through Vol. 24-12, July 15, 2024
Rule 221.
(1) A
				suspension must specify the scope of suspension. A person can be suspended from
				1 or more particular authority programs or transactions or from all authority
				programs and transactions.
(2) The
				suspension may, unless prohibited by law, suspend the operation of existing
				contracts or agreements between the suspended persons and other nonsuspended
				participants or contractors. However, the decision may allow such contracts or
				agreements to remain in effect. A participant or contractor shall not renew or
				extend a contract or agreement with a suspended person.
(3) A suspension may also serve to suspend
				any affiliate of such person, if any such affiliate is named in the notice of
				suspension and given an opportunity to participate in the hearing. There need
				not be shown any participation in or knowledge of the improper conduct, by the
				affiliate, that led to the decision to suspend.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.222 - Suspension; duration

Current through Vol. 24-12, July 15, 2024
Rule 222.
(1)
				Suspensions are for a temporary period pending the completion of the specified
				legal proceeding, administrative action, investigation, or other such
				event.
(2) A suspension becomes
				effective upon the issuance of the authority's final decision following a
				hearing on the notice of suspension or immediately upon the issuance of a
				notice of suspension if there exists cause for suspension pursuant to the
				provisions of R 125.219 and
				an authorized office determines that an immediate suspension is necessary to
				protect the public health, safety, or welfare.
(3) A suspension remains effective, unless
				overruled by the final decision following a hearing on a notice of suspension,
				until the expiration of the stated period of suspension or a petition for early
				reinstatement is granted, whichever occurs first.
(4) In cases based solely upon an alleged or
				suspected violation of federal or state law, a suspension terminates within 12
				months, unless 1 of the following actions has been initiated:
(a) Criminal prosecution.
(b) Civil action.
(c) An administrative hearing or action for
				the alleged or suspected violation of law.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.223 - Suspension decision; time limitation

Current through Vol. 24-12, July 15, 2024
Rule 223. A notice of suspension must be issued within 3
				  years after either of the following:
(a) Criminal conviction or finding of
				liability as a result of civil action or administrative action.
(b) Completion of the investigation or
				similar process that establishes the basis for the suspension.