(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