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§ 17050. Grounds for Placement on Unreliable List.

14 CA ADC § 17050Barclays Official California Code of Regulations

Barclays 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
14 CCR § 17050
§ 17050. Grounds for Placement on Unreliable List.
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.

Credits

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.
History
1. New article 5 (sections 17050-17062) and section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
This database is current through 6/28/24 Register 2024, No. 26.
Cal. Admin. Code tit. 14, § 17050, 14 CA ADC § 17050
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