California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 5 - Unreliable Contractors, Subcontractors, Borrowers and Grantees › Section 17050 - Grounds for Placement on Unreliable List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following are grounds for a finding that a contractor,
					 any subcontractor that provides services for a board agreement, grantee or
					 borrower is unreliable and should be placed on the board's Unreliable
					 Contractor, Subcontractor, Grantee or Borrower List ("Unreliable List"). The
					 presence of one of these grounds shall not automatically result in placement on
					 the Unreliable List. A finding must be made by the Executive Director in
					 accordance with section
					 17054, and there must be a final
					 decision on any appeal that may be filed in accordance with section
					 17055 et seq.
(a) Disallowance of any and/or all claim(s)
				  to the board due to fraudulent claims or reporting; or
(b) The filing of a civil action by the
				  Attorney General for a violation of the False Claims Act, Government Code
				  section
				  12650 et.
				  seq; or
(c) Default on a board
				  loan, as evidenced by written notice from board staff provided to the borrower
				  of the default; or
(d) Foreclosure
				  upon real property loan collateral or repossession of personal property loan
				  collateral by the board; or
(e)
				  Filing voluntary or involuntary bankruptcy, where there is a finding based on
				  substantial evidence, that the bankruptcy interfered with the board contract,
				  subcontract, grant or loan; or
(f)
				  Breach of the terms and conditions of a previous board contract, any
				  subcontract for a board agreement, grant, or loan, resulting in termination of
				  the board contract, subcontract, grant or loan by the board or prime
				  contractor; or
(g) Placement on the
				  board's chronic violator inventory established pursuant to Public Resources
				  Code section
				  44104
				  for any owner or operator of a solid waste facility; or
(h) The person, or any partner, member,
				  officer, director, responsible managing officer, or responsible managing
				  employee of an entity has been convicted by a court of competent jurisdiction
				  of any charge of fraud, bribery, collusion, conspiracy, or any act in violation
				  of any state or federal antitrust law in connection with the bidding upon,
				  award of, or performance under any board contract, subcontract, grant or loan;
				  or
(i) The person or entity is on
				  the list of unreliable persons or entities, or similar list, of any other
				  federal or California state agency; or
(j) The person or entity has violated an
				  Order issued in accordance with section
				  18304; or,
(k) The person or entity has directed or
				  transported to, has or accepted waste tires at, a site where the operator is
				  required to have but does not have a waste tire facility permit; or
(l) The person or entity has transported
				  waste tires without a waste tire hauler registration; or,
(m) The person or entity has had a solid
				  waste facility or waste tire permit or a waste tire hauler registration denied,
				  suspended or revoked; or,
(n) The
				  person or entity has abandoned a site or taken a similar action which resulted
				  in corrective action or the expenditure of funds by the Board to remediate,
				  clean, or abate a nuisance at the site; or
(o) The following are additional grounds for
				  a finding that, a person or entity described below should be placed on the
				  Unreliable List:
(1) The person or entity
				  owned 20% or more of an entity on the Unreliable List at the time of the
				  activity that resulted in its placement on the Unreliable List;
(2) The person held the position of officer
				  director, manager, partner, trustee, or any other management position with
				  significant control (Principal Manager) in an entity on the Unreliable List at
				  the time of the activity that resulted in its placement on the Unreliable
				  List;
(3) The entity includes a
				  Principal Manager who:
1. Was a Principal
				  Manager in an entity on the Unreliable List at the time of the activity that
				  resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the
				  Unreliable List at the time of the activity that resulted in its placement on
				  the Unreliable List;
(4)
				  The entity has a person who owns 20% or more of the entity, if that person:
1. Was a Principal Manager in an entity on
				  the Unreliable List at the time of the activity that resulted in its placement
				  on the Unreliable List; or,
2.
				  Owned 20% or more of an entity on the Unreliable List at the time of the
				  activity that resulted in its placement on the Unreliable
				  List.
(5) The entity has
				  another entity which owns 20% or more of the entity, if that other entity:
1. Is on the Unreliable List; or,
2. Owned 20% or more of an entity on the
				  Unreliable List at the time of the activity that resulted in its placement on
				  the Unreliable List.
(6)
				  Subsection (o) is not intended to apply to a person or entity that purchases or
				  otherwise obtains an entity on the Unreliable List subsequent to its placement
				  on the Unreliable List.