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§ 1896.18. Appeal of Certification Denial, Discontinuance, or the Imposition of Sanctions.

2 CA ADC § 1896.18BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 2. Financial Operations
Chapter 3. Department of General Services
Subchapter 8. Office of Small Business Procurement and Contracts
Article 4. Appeals
2 CCR § 1896.18
§ 1896.18. Appeal of Certification Denial, Discontinuance, or the Imposition of Sanctions.
(a) A business, having been denied certification as a small business, or having been provided written notice by OSDS of its intention to discontinue certification of the business as a small business, or of its intention to impose sanctions, have thirty (30) calendar days from the date of the written notice to appeal the Department's determination.
(b) OSDS will specify the appeal deadline in its notice. The appeal shall be in writing and include a detailed written statement of the facts supporting the appeal.
(c) Grounds for appeal shall be:
(1) The applicant should have been certified as a small business based on the information contained in the application including, if applicable, supplemental material submitted to OSDS upon its request, as of the date of the notice of certification denial.
(2) The business should remain certified as a small business based on the information contained in the application, including, if applicable, supplemental material submitted to OSDS upon its request, as of the date of the determination.
(3) Sanctions should not be imposed, because one or more of the just causes or conditions set forth in Government Code §§ 14840, 14842 or 14842.5, as applicable, did not exist.
(d) For good cause, the OSDS may extend the time to file an appeal.
(e) Upon receipt of an appeal, OSDS will determine jurisdiction. An appeal may be rejected if:
(1) The appeal is not timely or requested information has not been provided in a timely manner;
(2) Submission of information is subsequent to a decision or after a written deadline has passed; or
(3) The appeal is based on grounds other than those specified in § 1896.18(c).
(f) The OSDS will forward appeals to the Office of Administrative Hearings.
Note: Authority cited: Sections 14837, 14839 and 14843, Government Code. Reference: Sections 14839.1, 14840, 14842 and 14842.5, Government Code.
HISTORY
1. New section filed 9-25-78; effective thirtieth day thereafter (Register 78, No. 39).
2. Editorial correction of NOTE filed 12-6-82 (Register 82, No. 50).
3. Renumbering and amendment of former Section 1896.12 to Section 1896.18 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.
4. Certificate of Compliance transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No. 46).
5. Change without regulatory effect amending subsection (a)(3) filed 3-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 14).
6. New article 4 heading and repealer and new section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
7. Amendment of section heading, section and Note filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
This database is current through 1/14/22 Register 2022, No. 2
2 CCR § 1896.18, 2 CA ADC § 1896.18
End of Document