La. Admin. Code tit. 70 § I-907

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-907 - Imputed Conduct

A. The fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with a contractor/consultant may be imputed to the contractor/consultant when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor/consultant, or with the contractor/consultant's knowledge, approval or acquiescence. The contractor/consultant's acceptance of the benefits derived from the conduct shall be evidence of the contractor/consultant's knowledge, approval or acquiescence.

B. The fraudulent, criminal or other seriously improper conduct of a contractor/consultant may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the contractor/consultant who participated in, knew of or had reason to know of the contractor/consultant's conduct.

C. The fraudulent, criminal or other seriously improper conduct of one contractor/consultant participating in a joint venture or similar arrangement may be imputed to other participating contractors/consultants if the conduct occurred for or on behalf of the joint venture or similar arrangement or with the knowledge, approval or acquiescence of those contractors/consultants. Acceptance of the benefits derived from the conduct shall be evidence of the contractor/consultant's knowledge, approval or acquiescence.

La. Admin. Code tit. 70, § I-907

Promulgated by the Department of Transportation and Development, Office of Highways/Engineering, LR 30:1489 (July 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:295 et seq.