§ 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.
Cross References This section cited in 16 Pa. Code § 49.17 (relating to order of imposition of sanctions); 16 Pa. Code § 49.51 (relating to purpose); and 16 Pa. Code § 49.64 (relating to certified examiners).
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