California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 1.5 - Personal Services Contracts
Article 5 - Procedures that Apply to Review Proceedings for Contracts Executed Under Government Code Section 19130(a) or Section 19130(b)
Section 547.68 - Intervention
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) At any time after an employee organization requests that that board review a contract for compliance with Government Code § 19130(a) or §19130(b), a contractor to the disputed contract may move to intervene as a party in the contract review process. Either the executive officer, administrative law judge or authorized representative who conducts an evidentiary hearing, or board, may grant a motion for intervention if all the following conditions are satisfied:
(b) If an applicant qualifies for intervention, the executive officer, administrative law judge, authorized representative or board may impose conditions on the intervenor's participation in the contract review process, either at the time that intervention is granted or at a subsequent time. Conditions include, but are not limited to, the following:
(c) As early as practicable in advance of the executive officer's investigation, the administrative law judge's or authorized representative's evidentiary hearing, or oral arguments before the board, the executive officer, administrative law judge, authorized representative or board shall issue an order granting or denying the motion for intervention, specifying any conditions, and briefly stating the reasons for the order. The executive officer, administrative law judge, authorized representative or board may modify the order at any time, stating the reasons for the modification. The executive officer, administrative law judge, authorized representative or board shall promptly give notice of an order granting, denying, or modifying intervention to the applicant and to all parties.
(d) Whether the interests of justice and the orderly and prompt conduct of the contract review process shall be impaired by allowing intervention is a determination to be made in the sole discretion, and based on the knowledge and judgment at that time, of the executive officer, administrative law judge, authorized representative or board. The determination is not subject to administrative or judicial review.
(e) If a contractor's motion for intervention is denied, the executive officer, administrative law judge, authorized representative or board may permit that contractor to submit written arguments and participate in the executive officer's investigation, the evidentiary hearing before the administrative law judge or authorized representative, or oral arguments before the board as the executive officer, administrative law judge, authorized representative or board may deem appropriate under the circumstances.
1. New
section filed 5-3-99; operative 5-3-99 pursuant to Government Code section
11343.4(d)
(Register 99, No. 19).
2. Change without regulatory effect
correcting reference citation to Government Code section
11440.50
filed 5-4-99 pursuant to section 100, title 1, California Code of Regulations
(Register 99, No. 19).
Note: Authority cited: Section 18701, Government Code. Reference: Sections 11440.50, 19130, 19131 and 19132, Government Code; and Section 10337, Public Contract Code.