You, as a participant, are responsible for determining whether you are entering into a covered transaction with an excluded or disqualified person. You may decide the method by which you do so.
You may, but are not required to, check the Excluded Parties List System (EPLS).
You may, but are not required to, collect a certification from that person.
In the case of an employment contract, HUD does not require employers to check the EPLS prior to making salary payments pursuant to that contract.