Chapter 123:2-7 Hearings

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.

Eff 6-9-75; 9-9-95
Rule promulgated under: RC 119.03 review dates: 3/1/2002
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

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.

Eff 1-18-85; 6-9-95; 9-9-95
Rule promulgated under: RC 119.03 review dates: 3/1/2002
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