reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Access to Public Records › Section 820-RICR-00-00-3.3 - Specifications

Current through June 14, 2024
A. Specifications.
1. The Corporation shall establish and
				 maintain to the extent practicable standards and specifications approved by the
				 Department of Administration of the State, the U.S. Government, and industry
				 and professional associates, relating to the development and use of purchasing
				 specifications and for the inspection, testing and acceptance of supplies,
				 services, and construction not inconsistent with the Rules of the
				 Corporation.
2. The Corporation
				 shall develop to the extent practicable "General Conditions" to be used in
				 various types of contracts entered into by the Corporation.
3. The Corporation shall, from time to time,
				 review those standards and specifications and "General Conditions" which it
				 utilizes, with a view to conforming such standards, specifications and "General
				 Conditions" to all technical and scientific advances and to reflect changes in
				 the Corporation's requirements and to the extent practicable and maximize
				 competition in the fulfillment of the Corporation's requirements.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Access to Public Records › Section 820-RICR-00-00-3.4 - Modification and Termination of Contracts

Current through June 14, 2024
A. Modification
				 Contract. The Corporation may require clauses in its contracts to which it is a
				 party permitting changes or modifications by the Corporation.
B. Termination of Contract - Default by
				 Vendor. The Corporation may provide that a contract may be terminated for
				 default by the vendor and may provide for liquidated damages.
C. Termination of Contract - Convenience. The
				 Corporation may provide that a contract may be terminated for the convenience
				 of the Corporation or the vendor and in such cases shall provide for
				 appropriate adjustments in price including, where applicable, reimbursement for
				 the reasonable value of any nonrecurring costs incurred but not amortized in
				 the price of any item, service of construction delivered under the
				 contract.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Access to Public Records › Section 820-RICR-00-00-3.5 - Cost Principles

Current through June 14, 2024
A. Cost and Pricing
				 Principles. Except as otherwise provided by contract, the Corporation shall use
				 generally accepted accounting principles:
1.
				 As guidelines in the negotiation of:
a.
				 Estimated costs for contracts when the absence of open market competition
				 precludes the use of competitive sealed bidding;
b. Adjustments for changes or modifications
				 in contract performance requested by the Corporation; and
c. Settlements of contracts which have been
				 terminated.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Access to Public Records › Section 820-RICR-00-00-3.6 - Dispute Resolution and Debarment

Current through June 14, 2024
3.6.1 Resolution of
				 Protested Solicitation and Award
A. Any actual
				 or prospective bidder, offeror, or Vendor who is aggrieved in connection with
				 the solicitation or award of any contract may file a protest with the
				 Corporation. A protest or notice of other controversy must be filed promptly
				 and in any event within two (2) calendar weeks after such aggrieved person
				 knows or should have known of the facts giving rise thereto. All protests or
				 notices of other controversies must be in writing.
B. The Corporation shall promptly issue a
				 decision in writing regarding such protest. A copy of that decision shall be
				 mailed or otherwise furnished to the aggrieved party and shall state the
				 reasons for the action taken.
C. In
				 the event a protest is filed in a timely manner under this Section, the
				 Corporation shall not proceed further with the solicitation or award which is
				 the subject of the protest until it has issued a decision on the protest, or
				 determined that continuation of the procurement is necessary to protect a
				 substantial interest of the Corporation.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Access to Public Records › Section 820-RICR-00-00-3.7 - Additional Matters

Current through June 14, 2024
3.7.1 Equal
				 Employment Opportunity
For all contracts for supplies and services exceeding ten
					 thousand dollars ($10,000), Vendors must comply with R.I. Gen. Laws §
											28-5.1-10.
					 Failure to comply will be considered a substantial breach of contract subject
					 to penalties prescribed on regulations administered by the Department of
					 Administration of the State.
3.7.2 Conflict of Interest
No member or employee of the Corporation shall have any
					 interest, financial or otherwise, direct or indirect, or engage in any activity
					 which is in substantial conflict with the proper discharge of his or her duties
					 as a member or employee of the Corporation.
3.7.3 Legal Counsel
Before the Corporation arranges for the services of an
					 attorney, it shall use the criteria set forth in R.I. Gen. Laws §
											37-2-70.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.1 - Authority

Current through June 14, 2024
These regulations have been adopted pursuant to the
					 Administrative Procedures Act (R.I. Gen. Laws §§ 42-35 and
					  45-38.1-5.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.2 - Purpose

Current through June 14, 2024
The purpose of these regulations is to require that project
					 borrowers using proceeds of the loans to finance projects having a value in
					 excess of $5,000,000 include in their construction contracts requirements that
					 the contractors and any subcontractors comply with all applicable
					 laws.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.3 - Definitions

Current through June 14, 2024
A. "Child day care center" shall have the
				 meaning ascribed thereto by R.I. Gen. Laws §
										45-38.1-3(4).
B. "Corporation" means the Rhode Island
				 Health and Educational Building Corporation.
C. "Educational institution" shall have the
				 meaning ascribed thereto by R.I. Gen. Laws §
										45-38.1-3(13).
D. "Health care provider" shall have the
				 meaning ascribed thereto by R.I. Gen. Laws §
										45-38.1-3(14).
E. "Project" shall have the meaning ascribed
				 thereto by R.I. Gen. Laws §
										45-38.1-3(21).
F. "Project borrower" means an educational
				 institution, child day care center, or health care provider that has borrowed
				 money from the Corporation, the proceeds of which will be used to finance, in
				 whole or in part, a project.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.4 - Responsible Contractor Requirement

Current through June 14, 2024
Each project borrower having a construction budget for the
					 financed project in excess of five million dollars shall include in any
					 contract to construct the project provisions requiring the contractor and any
					 subcontractor working on the project to abide by all federal, state, and local
					 laws applicable to carrying out the contract, including (without limitation)
					 registering with the Rhode Island Contractor's Registration and Licensing
					 Board, having all necessary valid and effective licenses to carry out the
					 contract and complying with all federal, state, and local labor, wage and hour,
					 and employment laws, including but not limited to the proper employment
					 classification of workers and prevailing wage laws, if
					 applicable.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.5 - Model Contract Clause for Compliance

Current through June 14, 2024
A.
				 Insertion of the following provision in a Project borrower's construction
				 contract or a provision in substantially similar form shall constitute
				 compliance by a Project borrower with the requirements of this regulation:
1. "(the "Contractor") and any subcontractor
				 working on the Project pursuant to the provisions of this contract shall, in
				 all material respects, abide by all federal, state and local laws applicable to
				 carrying out this contract including, without limitation, registering with the
				 Rhode Island Contractor's Registration and Licensing Board (or any successor
				 thereto as provided for by law from time to time) and shall have all necessary
				 valid and effective licenses to carry out the contract. Contractor shall
				 comply, in all material respects, with all applicable federal, state and local
				 labor wage and hour, and employment laws including, but not limited to, the
				 proper employment classification of workers and prevailing wage laws, if
				 applicable."
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.6 - Confirmation of Compliance

Current through June 14, 2024
Project borrowers shall, upon request, provide the
					 Corporation with written proof of compliance with these
					 regulations.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.7 - Remedies of the Corporation

Current through June 14, 2024
A. In the event a
				 Project borrower fails to comply with the requirement to include the provisions
				 in the Project construction contract as set forth in §§
										4.4  and
				   4.5     of this Part, the
				 Corporation may, at its option:
1. in the
				 event the Project construction contract is fully executed and delivered at the
				 time of closing of the Corporation loan, bond or note, decline to close and
				 consummate the loan, bond or note transaction until such time as written
				 evidence of compliance with these regulations is furnished to the
				 Corporation;
2. withhold the
				 Corporation's consent with respect to requests for requisition of loan, note or
				 bond proceeds for the payment of Project construction costs or expenses;
				 and
3. take into consideration the
				 failure of compliance with these regulations by the Project borrower in
				 evaluating any future applications for borrowing from the
				 Corporation.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.8 - Enforcement and Right of Appeal

Current through June 14, 2024
A. The enforcement
				 of these regulations is delegated to the Executive Director of the Corporation.
				 In the event of a vacancy in the office of the Executive Director or should the
				 Executive Director be unwilling, unavailable, or unable to act to enforce these
				 regulations, the Chairman of the Board of Directors of the Corporation shall be
				 authorized and empowered to enforce these regulations.
B. Any Project borrower aggrieved by the
				 enforcement of these regulations may, upon written application, appeal to the
				 Board of Directors of the Corporation which Board of Directors may, for good
				 cause shown, overturn, amend, remand to the Executive Director for
				 reconsideration or uphold any enforcement decision.
Rhode Island Code of Regulations › Title 820 - HEALTH AND EDUCATIONAL BUILDING CORPORATION › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Procurement of Supplies, Services, Bond Counsel and Legal Counsel › Section 820-RICR-00-00-4.9 - Effective Date

Current through June 14, 2024
The foregoing "Responsible Contractor Regulation", after
					 due notice, is hereby adopted on the 8th day of May, 2017 and filed with the
					 Secretary of State this 9th day of May, 2017, to become effective on May 29,
					 2017 in accordance with the provisions of R.I. Gen. Laws Chapter 42-35,
					 1956.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.1 - AUTHORITY

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §§
										42-35-2(a)(4),  42-35-6, and  42-35-8.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.2 - PURPOSE

Current through June 14, 2024
To set forth Rhode Island Housing and Mortgage Finance Corporation's (the "Corporation's") procedures to petition for the promulgation of rules, to petition for a declaratory order, and to conduct public hearings.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.3 - DEFINITIONS

Current through June 14, 2024
A. All capitalized terms used herein shall have the same meanings as set forth in the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et seq. (the "Act").
B. "Person" means any individual, partnership, corporation, association, the department of environmental management, governmental subdivision, or public or private organization of any character other than an agency.
C. "Petition" means a written request.
D. "Petitioner" means a Person submitting a Petition.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.4 - PETITION FOR PROMULGATION OF RULES

Current through June 14, 2024
A. A Petition for the promulgation of a rule must be in writing and include the following information:
1. The name and address of the Petitioner;
2. A plain statement identifying the rule or proposed new rule at issue;
3. A detailed statement of all facts relied upon by the Petitioner;
4. A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the Corporation; and
5. A plain statement requesting the promulgation of a rule, and further indicating whether Petitioner seeks a new rule or the amendment or repeal of an existing rule.
a. In the case of a request for promulgation of a new rule or the repeal of an existing rule, the Petitioner shall identify the rule by title and/or RICR citation.
b. In the case of a request for an amendment to an existing rule, the Petitioner must identify with specificity the proposed language to be added or removed by redlining or similar means.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.5 - CONSIDERATION AND DISPOSITION OF PETITION FOR PROMULGATION OF RULES

Current through June 14, 2024
A. The Corporation shall promptly consider and respond to a Petition for the promulgation of a rule as provided in R.I. Gen. Laws §
										42-35-6. Not later than thirty (30) days after submission of a Petition, the Corporation shall deny the Petition and state its reason for the denial; or initiate rulemaking.
B. The Corporation may, at its discretion hold a public hearing for further consideration and discussion on the Petition; or request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.
C. The Corporation's final disposition is subject to judicial review. A Petitioner may appeal the Corporation's final disposition of a Petition for the promulgation of a rule as provided in R.I. Gen. Laws §
										42-35-15.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.6 - PETITION FOR DECLARATORY ORDER

Current through June 14, 2024
A. A Petition for Declaratory Order must be in writing and include the following information:
1. The name and address of the Petitioner;
2. A plain statement identifying the statute, rule, guidance document, or order at issue;
3. A detailed statement of all facts relied upon by the Petitioner;
4. A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the Corporation; and
5. A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:
a. An interpretation or application of a statute administered by the Corporation;
b. Clarification as to whether a rule, guidance document, or order issued by the Corporation applies to Petitioner; and/or
c. Clarification as to how a rule, guidance document, or order issued by the Corporation applies to Petitioner.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.7 - CONSIDERATION AND DISPOSITION OF PETITION FOR DECLARATORY ORDER

Current through June 14, 2024
A. The Corporation shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws §
										42-35-8(c). Not later than sixty (60) days after receipt of a Petition, the Corporation shall:
1. Issue a declaratory order in response to the Petition. If the Corporation issues a Declaratory Order, the Corporation shall include the names of all parties to the proceeding, the facts on which it is based, and the reasons for the Corporation's conclusion in the order. The Corporation may redact confidential information in the order;
2. Decline to issue the declaratory order. If the Corporation declines to issue a Declaratory Order, the Corporation shall promptly notify the Petitioner in writing of the decision and include a brief statement of the reasons for declining; or
3. Schedule the matter for further consideration. If the Corporation schedules the matter for further consideration, the Corporation shall notify Petitioner in writing of the anticipated date on which the Corporation will grant or deny the Petition for Declaratory Order.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 1 - Administrative Procedures (825-RICR-10-00-1) › Section 825-RICR-10-00-1.8 - PROCEDURE FOR CONDUCT OF PUBLIC HEARINGS

Current through June 14, 2024
A. Convening of Public Hearing.
1. Public hearings may be held at the election of the Corporation or as required pursuant to R.I. Gen. Laws §
											42-35-2.8(c).
2. Notice of public hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §
											42-35-2.8 and  42-46-6, when applicable.
3. Public hearings shall be held at a time and place designated by the Corporation.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.1 - Purpose

Current through June 14, 2024
A. Objectives of Procedures. The Corporation has determined that there exists a need to ensure that recipients of its funds under the Corporation's Rental Housing Production and Rehabilitation Program (the "Multi-Family Program") do not discriminate in their hiring or contract practices on the basis of race, sex, national origin, age, religion, sexual orientation, handicap or status as a veteran. The Corporation has also determined that it is necessary to take affirmative action to eliminate the vestiges of past societal discrimination and to ensure employment opportunities and social advancements for Minorities and women.
B. These Rules and Regulations set forth requirements established by the Corporation to ensure non-discrimination and affirmative action by Housing Sponsors, Contractors, and Sub-contractors, and shall be construed and applied so as to accomplish the objectives stated above.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.2 - Construction of Rules and Regulations

Current through June 14, 2024
Construction with Act. Unless otherwise defined herein or unless a different meaning is required from the context in which they are used herein, all words and terms used in this Part are as defined in the Act.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.5 - Preliminary Information

Current through June 14, 2024
As soon as practicable after receipt of a Housing Sponsor's Proposal, the Affirmative Action Officer shall provide the Housing Sponsor with a summary of the equal opportunity and affirmative action requirements contained in this Part.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.6 - Pre-Construction Conference

Current through June 14, 2024
After the initial closing of the Mortgage Loan, the Corporation shall conduct a meeting with the Housing Sponsor and all Contractors chosen as of that date, at which conference the Corporation shall discuss the requirements of this Part and the Housing Sponsor's affirmative action goals in connection with the Development.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.7 - Utilization Reports

Current through June 14, 2024
The Housing Sponsor shall submit to the Corporation monthly a report of the Total Construction Cost as of the date of said report, and shall specify therein, the total amount paid to Minority and female Contractors and Subcontractors or Minority and Female Owned Contractors and Subcontractors.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.8 - Review Conferences and On-Site Inspections

Current through June 14, 2024
The Corporation may, anytime during construction or rehabilitation of a Development, conduct such on-site inspections, reviews of Housing Sponsor's records and all contracts relating to the Development, and conferences with Housing Sponsors, Contractors and Subcontractors as it deems necessary to ensure compliance under this Part.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.9 - Report of Discrimination Charges Filed

Current through June 14, 2024
The Housing Sponsor shall promptly notify the Corporation in writing of any charges it becomes aware of which have been filed with the Rhode Island Commission of Human Rights, the United States Equal Employment Opportunity Commission, or otherwise, alleging unlawful discrimination by the Housing Sponsor, or any Contractor or Subcontractor in connection with the Development.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.12 - Rescission and Reinstatement

Current through June 14, 2024
Request for Reinstatement. Any Housing Sponsor against which a Suspension has been invoked may request reinstatement in writing. Reinstatement proceedings shall be conducted by the Affirmative Action officer. All recommendations of the Affirmative Action Officer for reinstitution shall be submitted to the Executive Director for final approval. Reinstatements may only be granted upon the determination that the matter or matters resulting in Suspension have been rectified, and the suspended party shall comply with all requirements of this Part in the future. When a Suspension has been rescinded, the Executive Director shall forward notice of reinstatement to the Housing Sponsor by certified or registered mail, return receipt requested.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.13 - Substitute Policies or Procedures

Current through June 14, 2024
Requests of Housing Sponsors. Housing Sponsors subject to other equal employment and affirmative action laws, regulations, procedures or policies ("Substitute Regulations") of any federal or state agency, board, or commission may request that the Corporation accept compliance with such Substitute Regulations in lieu of compliance with this Part if such Substitute Regulations are substantially similar to the requirements in this Part. All such requests shall be made in writing to the Executive Director of the Corporation, and shall set forth the requirements of such Substitute Regulations. All decisions of the Executive Director regarding such Substitute Regulations shall be final and binding on the parties.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 3 - Access to Public Records (825-RICR-10-00-3) › Section 825-RICR-10-00-3.1 - PURPOSE

Current through June 14, 2024
A. To establish rules ("Rules") to comply with R.I. Gen. Laws Chapters 42-35 and 38-2 regarding access to Public Records maintained or kept on file by Rhode Island Housing and Mortgage Finance Corporation (the "Corporation");
B. To establish procedures for obtaining Public Records maintained or kept on file by the Corporation.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 3 - Access to Public Records (825-RICR-10-00-3) › Section 825-RICR-10-00-3.2 - DEFINITIONS

Current through June 14, 2024
A. All capitalized terms used herein shall have the same meanings as set forth in the Access to Public Records Act, R.I. Gen. Laws 38-2 (the "Act").
B. "Public Records Officer" means a person or persons designated to review and approve or deny Public Records requests on behalf of the Corporation.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 3 - Access to Public Records (825-RICR-10-00-3) › Section 825-RICR-10-00-3.3 - DISCLOSURE OF RECORDS

Current through June 14, 2024
All Public Records maintained or kept on file by the Corporation shall be subject to inspection and reproduction by members of the public in accordance with the Rules enunciated herein and the provisions of the Act, unless exempt or prohibited from disclosure by state or federal law or by order of a court of competent jurisdiction.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 3 - Access to Public Records (825-RICR-10-00-3) › Section 825-RICR-10-00-3.4 - REDACTION OF NONDISCLOSABLE INFORMATION

Current through June 14, 2024
The Public Records Officer shall determine if information contained in a document which is the basis for its nondisclosure can be redacted. If so, the document shall be made available to the member of the public once the necessary redactions have been completed.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 3 - Access to Public Records (825-RICR-10-00-3) › Section 825-RICR-10-00-3.6 - DENIAL OF ACCESS AND ADMINISTRATIVE APPEALS

Current through June 14, 2024
The Corporation shall deny access to records requested only in accordance with the provisions of the Act and these Rules. Once denied access to a record of the Corporation, any person may petition the General Counsel of the Corporation, who serves as the Executive Director's designee for such purposes, for a review of the denial by contacting the General Counsel or his/her designee either by email to recordsrequests@rihousing.com or in writing addressed to Rhode Island Housing, 44 Washington Street, Providence, Rhode Island 02903, ATTN: Records Requests. Further administrative appeals of denial of access may be filed with the Rhode Island Department of Attorney General or the Rhode Island Superior Court in accordance with the provisions of the Act.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.1 - Purpose

Current through June 14, 2024
The Corporation shall promote affordable housing and fulfill its statutory purposes through interactions with responsible parties only. In doing so, it must promote and encourage the highest level of integrity and service in the public interest. Debarment and suspension are discretionary actions that, taken in accordance with this Part, are appropriate means to effectuate this policy. The serious nature of debarment and suspension requires that these sanctions shall be imposed in protection of the interests of the Corporation and the public and not for the purposes of punishment.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.2 - Construction of the Rules and Regulations

Current through June 14, 2024
Unless otherwise defined herein or unless a different meaning is required in the context in which they are used herein, all words and terms used in this Part are as defined in the Corporation's Enabling Act, as codified at R.I. Gen. Laws Chapter 42-55.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.3 - DEFINITIONS

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.4 - Applicability

Current through June 14, 2024
A. This Part shall apply to any program or transaction funded or administered by the Corporation, including any of the following:
1. Grants, assistance contracts, loans, subsidies, awards, loan service contracts, allocations, or contracts related to federal tax credits administered by the Corporation.
2. Participation or agency contracts for Corporation programs.
3. Professional or technical service contracts or subcontractors.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.5 - Causes for Debarment

Current through June 14, 2024
A. Debarment may be imposed for any of the following causes:
1. 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. The following list contains examples of the type of offense that may result in debarment:
a. Fraud
b. Bribery
c. Embezzlement
d. Forgery
e. Falsification of documents or records
f. Theft
g. Robbery
h. Larceny
i. Receiving and concealing stolen property
j. Obtaining Goods, money, or services under false pretenses
k. Misrepresentations (intentional or negligent)
l. Price fixing
m. Bid rigging or other violation of federal or state laws involving the submission of bids or proposals.
n. Violation of other federal or state law involving illegally obtaining or attempting to obtain public or private goods, services, or contracts.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.6 - Debarment Procedures

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.7 - Duration of Debarment

Current through June 14, 2024
A. Debarment shall be for a period of time commensurate with the acts or omissions of the Person to be debarred. Where the offense is egregious, permanent Debarment may be imposed in the best interests of the Corporation.
B. If a Person is Suspended pursuant to this Part, the period of Debarment shall be reduced by the period of time that the person has been Suspended, if the Suspension was for the same offense.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.8 - Scope and Effect of Debarment

Current through June 14, 2024
A. The Corporation's decision to Debar a Person shall specify the scope of Debarment. A Person can be debarred from one or more particular Corporations programs or transactions or from all Corporation programs and transactions.
B. Unless prohibited by law, the Corporation may require that a non-Debarred Contractor or Participant must terminate existing contracts or agreements with a Debarred Person. Further, a Participant or Contractor shall not renew or extend a contract or agreement with a Debarred Person.
C. A decision to Debar a Person may also serve to Debar any Affiliate of such Person, if the Affiliate is named in the Notice of Debarment and given an opportunity to request a hearing.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.9 - Limitation Periods to Commence Debarment Proceedings

Current through June 14, 2024
A. A Notice of Debarment shall be issued within three (3) years after the later of any of the following:
1. The effective date of this Part;
2. Criminal conviction or civil judgment;
3. Completion of administrative proceedings, investigation, or other action;
4. Discovery by the Corporation of the facts, actions, omissions, or events which provide the cause upon which the Debarment is based;
5. The initial submission of the disclosure statement pursuant to §
											4.4(F)     of this Part or the Corporation's discovery of any material omissions or misstatements in the disclosure statement.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.10 - Reinstatement Following Debarment

Current through June 14, 2024
A. A Debarred Person shall not be allowed to resume participation in Corporation programs or transactions until the expiration of the period of Debarment or until a petition for early reinstatement has been submitted and approved by an authorized officer of the Corporation, whichever occurs first. The approval of a petition for early reinstatement rests in the sole discretion of the Corporation.
B. Petitions for early reinstatement shall only be submitted as follows:
1. Upon discovery of new evidence which 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 for the Debarment was based.
2. Upon a bona fide change in ownership or management of the Person Debarred.
3. Upon proof that the causes for Debarment have been eliminated.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.11 - Suspension

Current through June 14, 2024
A. 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.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.12 - Effect on Current Corporation Contracts

Current through June 14, 2024
A. The Corporation shall have the discretion to continue contracts or subcontracts in existence at the time of a Debarment and/or Suspension decision.
B. The Corporation shall determine the impact of a Debarment or Suspension decision upon the financing or refinancing of any housing development. Notwithstanding a Person's Debarment, the Board of Commissioners may allow the release of additional funds or approve a restructuring or refinancing if it is in the best interests of the Corporation or the development's residents. However, the Board of Commissioners may require, as a condition of the Corporation's provision of additional funds, restructuring or refinancing, that the Debarred or Suspended Person must divest any interest in the affected housing development.
C. Nothing in this Part shall be construed to limit the Corporation's discretion with regard to its evaluation of any application or request for Corporation funds, assistance or services. In all circumstances, the Corporation expressly has the right to evaluate the past performance, character and expertise of applicants for loans, grants or other public benefits.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.13 - LIST OF DEBARRED OR SUSPENDED PERSONS

Current through June 14, 2024
The Corporation shall maintain a list of all persons who have been Debarred or Suspended in accordance with this Part. The list shall be available for public inspection in accordance with the Rhode Island Access to Public Records Act, R.I. Gen. Laws Chapter 38-2.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 4 - Debarment and Suspension from Participation in Corporation Programs and Transactions (825-RICR-10-00-4) › Section 825-RICR-10-00-4.14 - SEVERABILITY

Current through June 14, 2024
If any provision contained under this Part or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of this Part which can be given legal effect.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 20 - Rules Relative to Single-Family Loan Programs › Subchapter 00 - N/A › Part 1 - Mortgage Finance Programs (825-RICR-20-00-1) › Section 825-RICR-20-00-1.1 - CONSTRUCTION OF RULES AND REGULATIONS

Current through June 14, 2024
Construction with Act. Unless otherwise defined herein or unless a different meaning is required from the context in which they are used herein or is required by the Tax Act, all words and terms used in this Part are as defined in the Act.
Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 20 - Rules Relative to Single-Family Loan Programs › Subchapter 00 - N/A › Part 1 - Mortgage Finance Programs (825-RICR-20-00-1) › Section 825-RICR-20-00-1.2 - DEFINITIONS

Current through June 14, 2024
A. "Act" means the Housing and Mortgage Corporation Act set forth in R.I. Gen. Laws Chapter 42-55, as amended.
B. "Aggregate Family Income" means the aggregate total of the family income, as defined by the Tax Act, of anyone required by the Tax Act to be taken into account for purposes of determining eligibility under a Program.
C. "Board of Commissioners" means the Board of Commissioners of the Corporation.
D. "Bond Proceeds" means proceeds from bonds issued pursuant to a Program.
E. "Borrower" means persons satisfying the Eligibility Criteria set forth in §
										1.4     of this Part and party to a Mortgage Loan. The term "Borrower" shall include cooperative housing corporations organized under the laws of the State of Rhode Island that are eligible to receive financing from Bond Proceeds. The term "Borrower" shall also include governmental units or 501(c)(3) organizations to the extent permitted by the Act, the Tax Act and the Corporation.
F. "Closing of the Mortgage Loan" means the date the Mortgage Loan documents are executed by a Borrower or on its behalf.
G. "Corporation" means Rhode Island Housing and Mortgage Finance Corporation, a public corporation organized and existing under the Act.
H. "Fair Market Value" means
1. with respect to a New Dwelling or existing dwelling, the lower of
a. the value of a dwelling as determined by a qualified appraiser acceptable to the Corporation, or
b. the sale price plus the cost of any improvements to be financed by the Mortgage Loan; and