Ohio Admin. Code 123:2-7-01 - Adjudication hearings
(A) The Director of Administrative Services
may convene adjudication hearings to determine if any of the following
sanctions shall be invoked against any contractor or subcontractor.
(1) A recommendation that the Ohio Attorney
General initiate the appropriate proceedings against a contractor or
subcontractor for material violations of the of the rules and regulations set
forth in Chapters 123:2-3 through 123:2-9 of the Administrative Code.
(2) A recommendation that the Ohio
Attorney General initiate criminal proceedings against a contractor or
subcontractor for furnishing false information to the contracting agency or to
the Department of Administrative Services.
(3) A recommendation to the Ohio Civil Rights
Commission, the Ohio Attorney General, the U.S. Equal Employment Opportunity
Commission or the U.S. Department of Justice that appropriate proceedings be
instituted against a contractor or subcontractor.
(4) Cancellation, suspension or termination,
in whole or in part, for material failure to comply with the rules and
regulations of Chapters 123:2-3 through 123:2-9 of the Administrative Code. The
resumption or continuance of a contract may be conditioned upon the
contractor's or subcontractor's compliance to Chapters 123:2-3 through 123:2-9
of the Administrative Code.
(5) A
determination that the contractor or subcontractor is ineligible for future
contracts or extensions or modifications of existing contracts until the
contractor or subcontractor implements and maintains an affirmative action
program pursuant to the rules and regulations set forth in Chapters 123:2-3
through 123:2-9 of the Administrative Code.
(B) Hearings shall be held before a hearing
officer designated by the Director of Administrative Services. The hearing and
all related matters shall be conducted in conformity with Chapter 119. of the
Revised Code. Where an adjudication hearing is based in whole or in part on
matters subject to a collective bargaining agreement and the contractor's or
subcontractor's compliance may necessitate a revision of such agreement, any
labor organization that is a signatory to such an agreement shall have the
right to participate as a party.
(C) Existing contracts may not be cancelled,
suspended or terminated unless the contractor or subcontractor is provided the
opportunity for an adjudication hearing.
Notes
Rule promulgated under: RC 119.03 review dates:
Rule authorized by: Executive Order of 1/27/72 and The Black Elected Democrats of Ohio, et al. v. Richard F. Celeste, Governor, the State of Ohio, et al. (3/18/88), S.D. Ohio No. C2-82-1198, unreported.
Rule amplifies: RC 121.17
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