California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 4 - 4. Enforcement and Sanctions › Section 1896.20 - Investigations and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in these regulations shall be construed to impair
						the right of either the administering agency or the awarding department to
						initiate investigations pursuant to Government Code sections
						14835 et
						seq., Military and Veterans Code section
						999.9,
						and Public Contract Code section
						10115.
(a) Awarding departments shall address
					 allegations of a violation of Government Code sections
					 14839,
					 subdivision (c), 14840, subdivision (a),
					 14842,
					 subdivision (a), and
					 14842.5,
					 subdivision (a), by gathering supporting evidence and assembling documentation
					 relevant to the case.
(b) In order
					 for such allegations to be considered for action by DGS, awarding departments
					 must submit to the OSDS a written report with a description of the matter or
					 incident, investigative findings, supporting evidence and recommended action
					 within sixty (60) business days of notification or discovery of the alleged
					 violation.
(c) The OSDS will
					 acknowledge that the matter has been referred to DGS within three (3) business
					 days from receipt. An extension for the submission of the written report may be
					 granted by OSDS, after receiving a written request justifying additional time.
					 The OSDS may pursue Government Code section
					 14842 or
					 14842.5 penalties or sanctions
					 based upon the awarding department's referrals cited in this section.
1. New
						section filed 6-6-88 as an emergency; operative 6-6-88 (register 88, No. 25). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 10-4-88. For history of former Section
						1896.20, see Registers 78 No. 39
						and 74, No. 16.
2. Certificate of Compliance including amendment
						transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No.
						46).
3. Change without regulatory effect amending section filed
						3-30-99 pursuant to section
						100, title 1, California Code of
						Regulations (Register 99, No. 14).
4. Repealer and new section filed
						8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
5. Amendment
						filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 4).
6. Renumbering of former section
						1896.20 to section
						1896.24 and new section
						1896.20 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
						  14837,
						  14839.1
						  and
						  14843,
						  Government Code. Reference: Sections
						  4525,
						  14836,
						  14837,
						  14839,
						  14840,
						  14841,
						  14842 and
						  14842.5,
						  Government Code; and Section
						  1101,
						  Public Contract Code.