16 Pa. Code § 49.62 - Notice of noncompliance
(a) If
efforts to secure compliance with this chapter or with the contract
nondiscrimination clause through conciliation and persuasion have failed or if
the agency contract compliance officer finds that the contractor has not made
the requisite good faith effort to meet its commitments made under §
49.37 (relating to notifying
contractor), the agency contract compliance officer shall issue a notice of
noncompliance to the contractor giving it 30 days after receipt of that notice
to show cause why the imposition of sanctions under this chapter should not be
instituted. The notice shall set forth the specific deficiencies which
constitute the basis of the asserted noncompliance.
(b) During the show-cause period of 30 days,
the agency contract compliance officer shall continue, through conciliation,
mediation and persuasion, to resolve the deficiencies which led to the
determination of noncompliance.
(c)
If the contractor is unable to show good cause for its failure to resolve the
deficiencies, the Commonwealth contracting agency or the Commission shall issue
a notice of proposed imposition of sanctions. The notice shall constitute an
order to show cause within the meaning of 1 Pa. Code §35.14 (relating to orders to show
cause). The contractor shall be entitled to all of the rights provided by
2 Pa.C.S. §§
501-508 and
701-704 (relating to
practice and procedure of Commonwealth agencies and judicial review of
Commonwealth agency action) and the regulations promulgated thereunder with
respect to hearing and appeals. If a request for hearing is not made within the
time provided by law, the sanctions described in the notice shall be
immediately imposed unless compliance is obtained by agreement.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.