Cal. Code Regs. tit. 2, § 1896.85
Certification Discontinuance.
Effective Jun 29, 2023Register 2023, No. 26Authority cited: Sections 14600, 14615 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 14839 and 14840, Government Code; and Sections 999 and 999.2, Military and Veterans Code.State of California
(a) Certification may, for the purposes of this subchapter and Subchapter 3, Chapter 3, Division 2 of this Title, be discontinued upon evidence which OSDS reasonably determines that DVBEs no longer meet the eligibility requirements of this subchapter. Certification may also be discontinued if a DVBE fails to do any of the following including but not limited to:
- (1) Provide requested information that supports its continued eligibility as a certified DVBE by the date and time specified by OSDS,
- (2) Notify OSDS and the awarding department, in accordance with the provisions of Military and Veterans Code section 999.2, subdivision (h), that the requirements for certification have not been maintained,
- (3) Submit federal income returns as required by this subchapter and Military and Veterans Code section 999.2, subdivision (g),
- (4) Maintain the required DV ownership and/or control level of fifty-one percent (51%), or one hundred percent (100%) in the case of LLCs,
- (5) Maintain active status with the California Secretary of State, when legally required to do so,
- (6) Maintain all licenses, permits, insurance coverage and registrations integral to conducting business lawfully, including but not limited, to those issued by any California state department or local government or
- (7) Conform to the statutory domicile in California or service-connected disability requirements on the part of qualifying DVs.
(b) Restoration After Discontinuance:
Certified status shall be restored for the remaining period of certification when the certified entity corrects applicable and specifically identified insufficiencies.
Note: Authority cited: Sections 14600, 14615 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 14839 and 14840, Government Code; and Sections 999 and 999.2, Military and Veterans Code.
History
1. New section filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48). For prior history, see Register 2013, No. 7.
2. Amendment filed 6-29-2023; operative 6-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).