California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 10.5 - Disabled Veteran Business Enterprise Participation Goal Program for State Contracts › Article 4 - Enforcement and Sanctions › Section 1896.90 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The OSDS shall be responsible for actions against
						businesses for the enforcement of Military and Veterans Code sections
						999,
						et seq., Public Contract Code sections
						10115,
						et seq., and Government Code sections
						14842 and
						14842.5.
						The actions are certification denial, discontinuance or revocation and
						suspension from contracting with the state as well as, the imposition of
						monetary penalties and/or cost recovery to the state, imposed in accordance
						with subdivisions (b), (c) or (d) for violation of subdivision (a) Military and
						Veterans Code section
						999.9.
(a) Certification Denial or Revocation: When
					 a business does not meet the requirement for certification, or no longer meets
					 eligibility requirements, because of a violation of subdivision (a) of Military
					 and Veterans Code section
					 999.9
					 or Government Code section
					 14842,
					 subdivision (a) or 14842.5, subdivision (a), all certifications shall be denied
					 or revoked. When denying or revoking a certification, the OSDS shall provide
					 written notice including the reasons for the denial or revocation and
					 information regarding the appeal process.
(b) Suspension: Any business may be suspended
					 from state contracting activities. Suspension means a temporary debarment from
					 bidding on or participating as a contractor, subcontractor or supplier in any
					 state contract or project, and includes the revocation of certification unless
					 the suspended business is not certified. When suspending a certified business
					 from contracting activities, the OSDS shall revoke certification with a written
					 notice. The notice shall include affected businesses owned by, affiliated with,
					 financed, or formed by the principals named in the suspension, include the
					 reasons for suspension and provide notice of the appeal process. Allegations
					 with sufficient grounds may be referred to the Attorney General for possible
					 prosecution and imposition of civil/criminal sanctions for violations of
					 Military and Veterans Code section
					 999.9,
					 subdivision (a). OSDS may pursue administrative action and penalties
					 irrespective of whether the Attorney General chooses to bring action.
1.
						Repealer and new section filed 11-4-93 as an emergency; operative 11-4-93
						(Register 93, No. 45). A Certificate of Compliance must be transmitted to OAL
						by 3-7-94 or emergency language will be repealed by operation of law on the
						following day.
2. Repealer and new section refiled 2-23-94 as an
						emergency; operative 2-23-94 (Register 94, No. 8). A Certificate of Compliance
						must be transmitted to OAL by 6-23-94 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 2-23-94 order transmitted to OAL 6-23-94 including repealer and new
						section and amendment of NOTE filed 8-5-94 (Register 94, No. 31).
4.
						Editorial correction amending HISTORY 3 (Register 94, No. 40).
5.
						Change without regulatory effect amending section and NOTE filed 4-30-98
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 98, No. 20).
6. New article 4 heading and
						repealer and new section heading, section and NOTE filed 2-14-2013; operative
						4-1-2013 (Register 2013, No. 7).
7. Amendment of section and NOTE
						filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
8.
						Amendment of section and NOTE filed 6-29-2023; operative 6-29-2023 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2023, No. 26).
Note: Authority cited: Sections
						  14600,
						  14615 and
						  14843,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  12651,
						  14837,
						  14840,
						  14842 and
						  14842.5,
						  Government Code; Section
						  999.9,
						  Military and Veterans Code; and Sections
						  10115,
						  10115.10
						  and
						  10230,
						  Public Contract Code.