Section 25299.71 Of Article 7. Cost Recovery, Enforcement, And Administration From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 7.
25299.71
. (a) (1) Except as provided in subdivisions (b) and (c),
if a person is convicted under Section 25299.80.5 or is found to be
civilly liable under Section 25299.78 or 25299.80, the executive
director of the board may permanently disqualify that person from
receiving any moneys from the fund. If the executive director of the
board determines that the disqualified person is a contractor or
consultant, a claimant shall not submit invoices to the fund for any
work performed or directed by that person.
(2) For purposes of this section, "contractor or consultant" means
a person whose professional services are engaged to perform work
that is the subject of a claim specified in paragraph (2) of
subdivision (d) of Section 25299.57.
(b) If the person convicted under Section 25299.80.5 or found to
be civilly liable under Section 25299.78 or 25299.80 is a claimant,
the executive director of the board may permanently disqualify the
claimant from further participation in the fund, with respect to only
the fund claims that are the subject of that conviction under
Section 25299.80.5 or that civil liability under Section 25299.78 or
25299.80, and only if the executive director makes a finding that the
alleged violation is knowing, willful, or intentional.
(c) If the person convicted under Section 25299.80.5 or found to
be civilly liable under Section 25299.78 or 25299.80 is a contractor
or consultant, the executive director of the board may permanently
disqualify the contractor or consultant from further participation in
the fund, including participation in corrective action for fund
claims that are not the subject of that conviction under Section
25299.80.5 or civil liability under Section 25299.78 or 25299.80,
only if the executive director makes one of the following findings:
(1) The alleged violation is knowing, willful, or intentional.
(2) The contractor or consultant received a material economic
benefit from the action that caused the violation.
(3) The alleged violation is chronic or the contractor or
consultant is a recalcitrant violator, as determined pursuant to
subdivision (g) of Section 13399 of the Water Code.
(d) In addition to the requirements of subdivisions (b) and (c),
in determining the extent to which a person, including, but not
limited to, a claimant, contractor, or consultant, convicted under
Section 25299.80.5 or found to be civilly liable under Section
25299.78 or 25299.80 may be disqualified from receiving any money
from the fund, including the extent to which the person may be
reimbursed for pending or future claims from the fund, the executive
director of the board, or the court, as the case may be, shall take
into account the nature, circumstances, extent, and gravity of the
violation, the person's ability to pay, any prior history of
misrepresentations by the person to the board, or local agency, any
economic benefits or savings that resulted or would have resulted
from the false statement, and any other matters as justice may
require.