(a) The Executive Director may make a proposed finding of unreliability based on the occurrence of any event in Section 17050. The proposed finding may be made at any time within 3 years after Board staff discover that one or more of the events in Section 17050 may have occurred.
(b) In making such a finding, the Executive Director shall take into consideration mitigating factors which indicate that the person or entity is in fact reliable. These factors shall include, but are not limited to the following:
(1) Whether the violation, breach, or unlawful act was serious or material;
(2) The presence or absence of any intention to conceal, deceive, or mislead;
(3) Whether the violation, breach, or unlawful act was deliberate, negligent, or inadvertent;
(4) Whether the violation, breach, or unlawful act was an isolated occurrence, had happened previously, or is part of a pattern and practice;
(5) Whether the person or entity cooperated with local, state or federal authorities or took remedial action to correct, address, or prevent a future violation, breach, or unlawful act.
(6) The degree to which restitution, or other compensation, has been paid.
(c) After the Executive Director has made a proposed finding of unreliability, the Executive Director shall notify the person or entity of the proposed finding by certified or registered mail.
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.
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 14, § 17054, 14 CA ADC § 17054
