Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 38 - Pensions, Bonuses, and Veterans' Relief |
Chapter I - Department of Veterans Affairs |
Part 44 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) |
Subpart J - Limited Denial of Participation |
§ 44.1105 - Cause for a limited denial of participation.
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(a)
Causes . A limited denial of participation shall be based upon adequate evidence of any of the following causes:(1) Irregularities in a participant's or contractor's performance in the VA loan guaranty program;
(2) Denial of participation in programs administered by the Department of Housing and Urban Development or the Department of Agriculture, Rural Housing Service;
(3) Failure to satisfy contractual obligations or to proceed in accordance with contract specifications;
(4) Failure to proceed in accordance with VA requirements or to comply with VA regulations;
(5) Construction deficiencies deemed by VA to be the participant's responsibility;
(6) Falsely certifying in connection with any VA program, whether or not the certification was made directly to VA;
(7) Commission of an offense or other cause listed in § 44.800;
(8) Violation of any law, regulation, or procedure relating to the application for guaranty, or to the performance of the obligations incurred pursuant to a commitment to guaranty;
(9) Making or procuring to be made any false statement for the purpose of influencing in any way an action of the Department;
(10) Imposition of a limited denial of participation by any other VA field facility;
(b)
Indictment . A criminal indictment or information shall constitute adequate evidence for the purpose of limited denial of participation actions.(c)
Limited denial of participation . Imposition of a limited denial of participation by a VA field facility shall, at the discretion of any other VA field facility, constitute adequate evidence for a concurrent limited denial of participation. Where such a concurrent limited denial of participation is imposed, participation may be restricted on the same basis without the need for an additional conference or further hearing.