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 4 - Enforcement and Sanctions
Section 1896.90 - Enforcement

Cal. Code Regs. tit. 2 § 1896.90

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1896.90 - Enforcement

The OSDS shall be responsible for actions against businesses for the enforcement of Military and Veterans Code sections 999, et seq., Public Contract Code sections 10115, et seq., and Government Code sections 14842 and 14842.5. The actions are certification denial, discontinuance or revocation and suspension from contracting with the state as well as, the imposition of monetary penalties and/or cost recovery to the state, imposed in accordance with subdivisions (b), (c) or (d) for violation of subdivision (a) Military and Veterans Code section 999.9.

(a) Certification Denial or Revocation: When a business does not meet the requirement for certification, or no longer meets eligibility requirements, because of a violation of subdivision (a) of Military and Veterans Code section 999.9 or Government Code section 14842, subdivision (a) or 14842.5, subdivision (a), all certifications shall be denied or revoked. When denying or revoking a certification, the OSDS shall provide written notice including the reasons for the denial or revocation and information regarding the appeal process.
(b) Suspension: Any 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 the revocation of certification unless the suspended business is not certified. When suspending a certified business from contracting activities, the OSDS shall revoke certification with a written notice. The notice shall include affected businesses owned by, affiliated with, financed, or formed by the principals named in the suspension, include the reasons for suspension and provide notice of the appeal process. Allegations with sufficient grounds may be referred to the Attorney General for possible prosecution and imposition of civil/criminal sanctions for violations of Military and Veterans Code section 999.9, subdivision (a). OSDS may pursue administrative action and penalties irrespective of whether the Attorney General chooses to bring action.

Cal. Code Regs. Tit. 2, § 1896.90

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.
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 including repealer and new section and amendment of NOTE filed 8-5-94 (Register 94, No. 31).
4. Editorial correction amending HISTORY 3 (Register 94, No. 40).
5. Change without regulatory effect amending section and NOTE filed 4-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 20).
6. New article 4 heading and repealer and new section heading, section and NOTE filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
7. Amendment of section and NOTE filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
8. Amendment of section and 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 14843, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 12651, 14837, 14840, 14842 and 14842.5, Government Code; Section 999.9, Military and Veterans Code; and Sections 10115, 10115.10 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.
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 including repealer and new section and amendment of N ote filed 8-5-94 (Register 94, No. 31).
4. Editorial correction amending History 3 (Register 94, No. 40).
5. Change without regulatory effect amending section and N ote filed 4-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 20).
6. New article 4 heading and repealer and new section heading, section and Note filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
7. Amendment of section and Note filed 11-29-2018; operative 1/1/2019 (Register 2018, No. 48).
8. Amendment of section and Note filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).