Section 1896.22 - Appeal of Certification Denial, Discontinuance, or the Imposition of Sanctions(a) A business, having been denied certification as a small business, or having been provided written notice by OSDS of its intention to discontinue certification of the business as a small business, or of its intention to impose sanctions, has thirty (30) calendar days from the date of the written notice to appeal the Department's determination. Appeals are not available for denials on the ground that the business did not respond to OSDS' request for additional information as specified in subdivision (f).(b) OSDS will specify the appeal deadline in its notice. The appeal shall be in writing, signed, dated, and include a detailed written statement of the facts supporting the appeal as subdivision (c) requires.(c) Grounds for appeal shall be on any of the following areas: (1) The applicant should have been certified as a small business based on the information contained in the application including, if applicable, supplemental material submitted to OSDS upon its request, as of the date of the notice of certification denial.(2) The business should remain certified as a small business based on the information contained in the application, including, if applicable, supplemental material submitted to OSDS upon its request, as of the date of the determination.(3) Sanctions should not be imposed, because one or more of the just causes or conditions set forth in Government Code section 14840, 14842 or 14842.5, as applicable, did not exist.(d) For good cause, OSDS may extend the time to file an appeal.(e) An appeal shall be treated as a new request for certification when an appellant provides new information that was not made available prior to OSDS' decision to deny or discontinue the certification.(f) Upon receipt of an appeal, OSDS will determine jurisdiction and the decision shall be final. An appeal may be rejected if: (1) The appeal is not timely, or the denial of certification was based on the business, without good cause, not providing the requested information in a timely manner;(2) Submission of new information is subsequent to OSDS' decision to deny or discontinue the certification; or(3) The appeal is based on grounds other than those specified in section 1896.22, subdivision (c).(g) The OSDS will forward appeals that are not rejected to the Office of Administrative Hearings.Cal. Code Regs. Tit. 2, § 1896.22
1. New section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
2. Amendment filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
3. Renumbering of former section 1896.22 to section 1896.26, renumbering of former article 4 to article 5 and renumbering and amendment of former section 1896.18 to section 1896.22 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 and 14843, Government Code. Reference: Sections 14839.1, 14840, 14842 and 14842.5, Government Code.
1. New section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
2. Amendment filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
3. Renumbering of former section 1896.22 to section 1896.26, renumbering of former article 4 to article 5 and renumbering and amendment of former section 1896.18 to section 1896.22 filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).