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§ 1896.95. Appeal of Certification Denial or Revocation, and/or Suspension from Contracting Act...

2 CA ADC § 1896.95BARCLAYS 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 10.5. Disabled Veteran Business Enterprise Participation Goal Program for State Contracts
Article 5. Appeal Process
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 30 calendar days from the date of the notice. The Director or designee may grant additional time for appeal submission when extenuating circumstances apply.
(b) The appeal shall be in writing, signed, dated and include a detailed written statement of the facts that support grounds for the appeal as subdivision (c) requires.
(c) Grounds for appeal shall be:
(1) The applicant met the requirements for certification and therefore should have been certified based upon the request for certification, supporting documents and records at the time of the decision.
(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.
(3) Sanctions should not be imposed, because one or more of the conditions set forth in Military and Veterans Code 999.9 subdivisions (a), (c) or (d) or Government Code §§ 14840, 14842, 14842.5, as applicable, did not exist to warrant the action.
(d) Appeals shall be withdrawn and a new request for certification may be required when an appellant provides new information that may change the certification decision or invalidates the determination being challenged on the basis of newly available information.
(e) There are no grounds for appeal in any of the following situations:
(1) Frivolous appeal.
(2) Failure to timely appeal a decision.
(3) Failure to submit complete information by the specified date of a written request.
(4) Submission of information after the decision.
(f) The DGS Director or designee shall dismiss appeals based on § 1896.95(e) and notify the DVBE. The decision shall be final.
(g) The OSDS shall forward appeals to the Office of Administrative Hearings.
Note: Authority cited: Sections 14600, 14615 and 14839, Government Code; Section 999.5, Military and Veterans Code. Reference: Sections 12651, 14842 and 14842.5, Government Code; Sections 995.5 and 999.9, Military and Veterans Code; and Section 10115.15, 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).
This database is current through 7/22/22 Register 2022, No. 29
2 CCR § 1896.95, 2 CA ADC § 1896.95
End of Document