1. (a) After reviewing the detailed statement of protest and responses of the parties, the Executive Officer shall:

   1. (1) schedule the protest for further hearing under section 872.11; or
   2. (2) recommend that the board dismiss the protest.

2. (b) The board may dismiss a protest for any of the following reasons:

   1. (1) the detailed statement of protest fails to comply with section 872.7(b);
   2. (2) the board does not have jurisdiction over the protest;
   3. (3) the detailed statement of protest fails to state a basis upon which the protest may be upheld; or
   4. (4) the protest is entirely without merit.

3. (c) If the Executive Officer recommends that the protest be dismissed under subsection (a)(2), the Executive Officer shall do all of the following:

   1. (1) schedule the dismissal recommendation for action by the board;
   2. (2) submit a written recommendation explaining the reasons for dismissing the protest without further hearing;
   3. (3) notify all interested parties in writing that the dismissal recommendation has been scheduled for action by the board; and
   4. (4) send a copy of the written recommendation required by subsection (c)(2) to the parties.

4. (d) The board's consideration of and action on the Executive Officer's recommendation to dismiss a protest is a hearing limited to written materials under section 617.6.

   1. (1) A protestant may object to the use of the informal hearing process upon receipt of the notice of recommendation of dismissal under subsection (c)(3).

Note: Authority cited: Section 13920, Government Code. Reference: Sections 10306 and 12102(h), Public Contract Code.

History

1. New section filed 12-15-97 as interim regulations under Government Code section 11400.20; operative 12-15-97 (Register 97, No. 51).

2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).