Ohio Admin. Code 123:2-7-02 - Notice of proposed sanction
(A) Where the Director of Administrative
Services seeks to find a contractor or subcontractor ineligible for future
contract awards or extensions or modifications of existing contracts, or seeks
to cancel, suspend, or terminate a contract in whole or in part, notice of the
proposed sanction, signed by the Director shall be sent to the last known
address of the contractor or subcontractor. The notice shall contain a concise
jurisdictional statement, a short and plain statement of the matters furnishing
a basis for the imposition of sanction, an enumeration of the sanctions being
requested, and a citation of the provision of law pursuant to which the
requested action may be taken.
(B)
The contractor or subcontractor shall be provided at least thirty days from
receipt of the notice of proposed sanction to file an answer and a request for
an adjudication hearing. The answer shall admit or deny specifically the
matters set forth in each allegation of the notice unless the contractor or
subcontractor is without knowledge, in which case the answer shall so state,
and the statement shall be deemed a denial. Affirmative defenses shall be
specifically stated and numbered.
(C) Where the contractor or subcontractor
fails to answer the notice of proposed sanction or the contractor or
subcontractor acquiesces to the charges contained in the notice, the Director
of Administrative Services may determine the contractor or subcontractor
ineligible for future contract awards or extensions or modifications to
existing contracts or may cancel, suspend, or terminate any one or more
contracts until the contractor or subcontractor has provided satisfactory
evidence that the contractor or subcontractor has established and will carry
out 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.
(D) Where the contractor or
subcontractor fails to answer the notice of proposed sanction or the contractor
or subcontractor acquiesces to the charges contained in the notice, the
Director of Administrative Services or the Director of the contracting agency
may withhold any pending or future payments on the contract for the project
cited for deficiencies pursuant to a compliance review.
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 126.021, 153.08, 153.59
Replaces: Parts of 123:2-7-03, 123:2-7-04, 123:2-7-05
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