§ 1896.95. Appeal of Certification Denial or Revocation, and/or Suspension from Contracting Act...
2 CA ADC § 1896.95Barclays Official California Code of RegulationsEffective: June 29, 2023
Effective: June 29, 2023
2 CCR § 1896.95
§ 1896.95. Appeal of Certification Denial or Revocation, and/or Suspension from Contracting Activities.
Decisions to deny or revoke certifications, or to impose monetary penalties, sanctions, or suspensions from contracting activities may be appealed. Upon receipt of an appeal, OSDS will determine jurisdiction. An appeal must present arguments for concluding that the decision was in error.
(a) Denials, revocations, monetary penalties and suspensions or other sanctions shall become final unless an appeal is received within thirty (30) calendar days from the date of the notice. For good cause, OSDS may grant additional time for appeal submission when extenuating circumstances apply. Appeals are not available to denials for nonresponse to requests for additional information, as set forth in subdivision (e).
(2) The business meets the requirements for certification and therefore should remain certified based upon the certification file and records at the time of the decision. In the case of discontinuance, the restoration of certification occurs upon satisfactory submission of remediating documentation or information.
Credits
Note: Authority cited: Sections 14600, 14615 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 12651, 14842 and 14842.5, Government Code; Sections 999.5 and 999.9, Military and Veterans Code; and Sections 10115.15 and 10230, Public Contract Code.
History
1. Repealer and new section filed 11-4-93 as an emergency; operative 11-4-93 (Register 93, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-7-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 24.
2. Repealer and new section refiled 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-23-94 with amendment of subsection (a) and filed 8-5-94 (Register 94, No. 31).
4. Amendment of subsection (b) and Note filed 8-5-94 as an emergency; operative 8-5-94 (Register 94, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-3-94 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction amending subsection (a) (Register 94, No. 39).
6. Certificate of Compliance as to 8-5-94 order transmitted to OAL 11-4-94 and filed 12-20-94 (Register 94, No. 51).
7. Change without regulatory effect amending subsection (b) filed 8-1-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
8. Change without regulatory effect repealing subsection (a) and subsection (b) designator and amending Note filed 4-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 20).
9. New article 5 heading and repealer and new section heading, section and Note filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
10. Amendment of section and Note filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
11. Amendment of subsections (a), (c)(3), (e)(4) and (f)-(g) and amendment of Note filed 6-29-2023; operative 6-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 1896.95, 2 CA ADC § 1896.95
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