Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 3 - Department of General ServicesSubchapter 8 - Office of Small Business Procurement and Contracts
Article 4 - 4. Enforcement and Sanctions
Section 1896.18 - Enforcement

Cal. Code Regs. tit. 2 § 1896.18

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1896.18 - Enforcement

OSDS shall be responsible for the enforcement of certification denial or revocation, suspensions from contracting with the state, and the imposition of monetary penalties and/or cost recovery to the state, as follows:

(a) Certification Denial or Revocation: When a business does not meet the requirement for certification, or is no longer eligible due to a violation of Government Code section 14842, subdivision (a), Government Code section 14842.5, subdivision (a), or subdivision (a) of Military and Veterans Code section 999.9, or Public Contract Code section 10115.10, all certifications shall be denied or revoked. When denying or revoking certification, the OSDS shall provide written notice including the reasons for the denial or revocation and provide information regarding the appeal process.
(b) Suspension: A business may be suspended from state contracting activities. Suspension means a temporary debarment from bidding on or participating as a contractor, subcontractor or supplier in any state contract or project, and includes a revocation of certification unless the suspended business is not certified. When suspending a certified business from contracting activities, the OSDS shall provide a written notice of suspension and revocation including the reasons for suspension and revocation and provide information on the appeal process. The suspension and revocation shall apply to all of the principals of the businesses formed, owned, financed by, or affiliated with, one or more of those principals. Any allegation with sufficient grounds may be referred to the Attorney General for possible prosecution and imposition of civil/criminal sanctions for violation of Government Code sections 14842, subdivision (a), and 14842.5, subdivision (a). The OSDS may pursue administrative action and penalties irrespective of whether the Attorney General chooses to bring an action.

Cal. Code Regs. Tit. 2, § 1896.18

1. New section filed 9-25-78; effective thirtieth day thereafter (Register 78, No. 39).
2. Editorial correction of NOTE filed 12-6-82 (Register 82, No. 50).
3. Renumbering and amendment of former Section 1896.12 to Section 1896.18 filed 6-6-88, as an emergency; operative 6-6-88 (Register 88, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-4-88.
4. Certificate of Compliance transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No. 46).
5. Change without regulatory effect amending subsection (a)(3) filed 3-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 14).
6. New article 4 heading and repealer and new section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
7. Amendment of section heading, section and NOTE filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
8. Renumbering of former article 4 to article 5, renumbering of former section 1896.18 to section 1896.22, new article 4 and new section 1896.18 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 14837, 14839.1 and 14843, Government Code. Reference: Sections 4535, 14836, 14837, 14839, 14840, 14841, 14842 and 14842.5, Government Code; Section 999.9, Military and Veterans Code; and Sections 1101 and 10115.10, Public Contract Code.

1. New section filed 9-25-78; effective thirtieth day thereafter (Register 78, No. 39).
2. Editorial correction of NOTE filed 12-6-82 (Register 82, No. 50).
3. Renumbering and amendment of former Section 1896.12 to Section 1896.18 filed 6-6-88, as an emergency; operative 6-6-88 (Register 88, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-4-88.
4. Certificate of Compliance transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No. 46).
5. Change without regulatory effect amending subsection (a)(3) filed 3-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 14).
6. New article 4 heading and repealer and new section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
7. Amendment of section heading, section and Note filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
8. Renumbering of former article 4 to article 5, renumbering of former section 1896.18 to section 1896.22, new article 4 and new section 1896.18 filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).