265—5.2(16) Factors considered.

1. 5.2(1)  The authority may debar a person in any of the circumstances listed in Iowa Code section 16.5E(1). The authority will consider the following factors to determine whether debarment is warranted:

   1. a. Whether the person had effective standards of conduct and internal control systems in place at the time the cause for debarment occurred or has adopted such procedures.
   2. b. Whether the person brought the cause for debarment to the attention of the authority in a timely manner.
   3. c. Whether the person has fully investigated the circumstances surrounding the cause for debarment and, if so, has made the result of the investigation available to the authority.
   4. d. Whether the person cooperated fully with the authority or other government agencies during any investigation or court or administrative action related to the cause for debarment.
   5. e. Whether the person has paid or has agreed to pay all applicable criminal, civil, and administrative liability relating to the cause for debarment, including any investigative or administrative costs incurred by the authority, and has made or agreed to make full restitution as applicable.
   6. f. Whether the person has taken appropriate disciplinary action against the individuals responsible for the cause for debarment.
   7. g. Whether the person has implemented or agreed to implement remedial measures, including any identified by the authority.
   8. h. Whether the person has had adequate time to eliminate the circumstances that led to the cause for debarment.
   9. i. Whether the person or relevant principals in an organization recognize and understand the seriousness of the misconduct giving rise to the cause for debarment.
   10. j. Whether the federal government, another state, or another state agency has issued a debarment or other prohibition comparable to debarment based on the same or similar conduct that constitutes cause for debarment by the authority.
   11. k. Any other factors deemed relevant to the cause for debarment by the authority.
2. 5.2(2)  The existence or nonexistence of any mitigating factors or remedial measures, including those set forth in subrule 5.2(1), is not necessarily determinative of whether the authority will debar a person.

[ARC 9654C, IAB 10/29/25, effective 12/3/25]