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56 <br />xiii. Contractors that have in place or who place a person in a position of <br />fiscal responsibility or control who have been convicted of a crime <br />involving misuse or misappropriation of state or federal funds, or a <br />state or federal crime involving moral turpitude, may have its contract <br />terminated if there is documented evidence of the conviction, and upon <br />review and recommendation of the general counsel of the CDSS. <br />xiv.If the agency provides evidence to the CDSS, before the effective date <br />given in the notice of immediate termination, that the convicted person <br />has been removed from the position of fiscal responsibility or control <br />and provides assurance that the person will not be returned to a <br />position of fiscal responsibility or control, the CDSS shall withdraw the <br />termination action. <br />b. A contractor whose contract is immediately terminated retains appeal <br />rights. Contractors that are the subject of an immediate termination shall <br />not continue to operate during the appeal of termination. <br />3. Non-Immediate Termination (WIC 10398, 10399, and 10400 and 5 CCR <br />18301) <br />a. In addition to the grounds set forth in (2) above, which also may be the <br />basis for a non-immediate termination, termination of a contract during the <br />contract period may occur when: <br />i. A contractor fails to correct items of fiscal or programmatic <br />noncompliance within six (6) months of receiving a conditional contract <br />which includes a Conditional Status Addendum issued in accordance <br />with (2) of paragraph E, Conditional Contract Status Procedure; or <br />ii. A contractor fails or refuses to make available for examination or <br />copying by an authorized employee of the CDSS any records or <br />documents that the contractor is required to retain, upon a request by <br />that employee to examine or copy such records or documents; or <br />iii. A contractor refuses to permit an authorized employee of the CDSS to <br />enter a facility operated by the contractor during days of operation as <br />indicated in the approved program calendar on file with the CDSS. <br />b. Any action by the CDSS to terminate a contract, other than to terminate a <br />contract on an immediate basis shall be preceded by a ninety (90) day <br />notice of the action, stating the specific reasons for the action, and <br />describing the contractor's appeal rights pursuant to paragraph G, <br />Independent Appeals. Except for cases of immediate termination, <br />contractors that are terminated shall be allowed to continue to operate <br />during the appeal of termination.