West Virginia Code of State Rules
Agency 186 - Purchase Of Commodities And Services from The Handicapped
Title 186 - LEGISLATIVE RULE COMMITTEE FOR THE PURCHASE OF COMMODITIES AND SERVICES FROM THE HANDICAPPED
Series 186-02 - Violations And Grievances
Section 186-2-2 - Violations
Universal Citation: 186 WV Code of State Rules 186-2-2
Current through Register Vol. XLI, No. 38, September 20, 2024
2.1. Generally. -- When any regulation of the Committee or any of the applicable sections of the West Virginia Code has been violated, the following actions may be taken by the Committee:
2.1.1. In the event an alleged violation by a State purchasing agent is presented to the Committee, the agent shall be provided with information to correct the violation. If the alleged violation is deemed serious, the Committee, or a designee of the Committee, may conduct a conference with all parties involved, and report the findings to the Director of Purchasing for appropriate action.
2.1.2. In the event of an alleged violation by a participating workshop or rehabilitation facility, the Committee shall notify the participating workshop or rehabilitation facility of the violation and afford it an opportunity to submit a statement of facts and any other pertinent information.
2.1.2.a. Upon receipt of the statement of facts and any other pertinent information from the participating workshop or rehabilitation facility, the CNA shall also submit a statement of facts and any other pertinent information to the Committee, if requested.
2.1.2.b. The Committee shall issue a ruling on the materials submitted, unless a hearing is requested. Upon request that a hearing be held, the hearing shall be conducted in accordance with Section 4 of these regulations.
2.2. Violations by CNA. -- In the event of an alleged violation of the regulations of the Committee or the pertinent provisions of the West Virginia Code or in matters of serious breach of duty by the Central Nonprofit Agency, "CNA", the Committee may recommend appropriate disciplinary action to the Director of the Division of Rehabilitation Services.
2.3. Cancellation of Contract.
2.3.1. A contract with a workshop or rehabilitation facility may be canceled by the CNA for non-compliance with the terms and conditions of the contract, such as failure to meet State specifications, quality assurance standards, quantity or delivery requirements, or payment of obligations to materials vendors or the CNA. Prior to any contract cancellation, the facility shall be informed of the problem and given a reasonable period of time to correct the non-compliance. A facility may protest to the Committee a cancellation by the CNA in the form of a grievance.
2.3.2. If a contract with a workshop or rehabilitation facility has been canceled under this Section, the facility may present evidence to the CNA that it is capable of meeting the terms and conditions of the contract, that it has paid any and all damages incurred by the State or amounts due to vendors, and that necessary steps have been taken to avoid failures in the future. The CNA must document the readiness or capability of the facility to resume production according to the terms and conditions of the contract and present same to the Committee for resolution before the contract may be resumed.
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