Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 3 - Department of General ServicesSubchapter 10.5 - Disabled Veteran Business Enterprise Participation Goal Program for State Contracts
Article 5 - Appeal Process
Section 1896.95 - Appeal of Certification Denial or Revocation, and/or Suspension from Contracting Activities

Cal. Code Regs. tit. 2 § 1896.95

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 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).
(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 section 999.9, subdivisions (a), (c) or (d) or Government Code sections 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(d) Appeals shall be withdrawn and a new request for certification may be required when an appellant provides new information that may change the certification decision or invalidates the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 new information after the decision.
(f) The DGS Director or designee shall dismiss appeals based on section 1896.95, subdivision (e) and notify the DVBE. The decision shall be final.
(g) The OSDS shall forward appeals that are not rejected to the Office of Administrative Hearings.

Cal. Code Regs. Tit. 2, § 1896.95

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).

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.

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 N ote 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 N ote 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).