| (a) Except as otherwise provided herein, OCP-Ds shall
be selected through a fair and competitive process that takes into
consideration the amount of support being offered and the needs of
the department. Provided, however, the department's executive director,
or designee may waive competitive process requirement if such a waiver
is in the best interest of the department.
(b) OCP-Ls shall be selected through a fair process
that takes into consideration the availability of other possible OCP-Ls
for the program, project or site, the amount of support being offered
and the needs of the site or program.
(c) An entity shall not be considered an OCP until
it has been designated as an OCP by order of the department's executive
director, or designee.
(d) The department may select multiple OCP-Ds and/or
OCP-Ls. The department will determine, in its sole discretion whether
an OCP should be classified as an OCP-D or OCP-L.
(e) The department may define the specific business
category within which an OCP is designated. An OCP will not be designated
in a business category regulated by the department.
(f) The department shall designate each OCP-D within
a specific business category and will not select another OCP for the
same business category within the term of the OCP-D's designation.
(g) The department may designate one or more OCP-Ls
within a specific business category for the program, project or site
for which the OCP-L is designated.
(h) The designation of an OCP-L shall be subject to
cancellation by the department in the event an OCP-D is designated
within the same business category. The department will provide reasonable
advanced written notice to the OCP-L of such cancellation and shall
inform all OCP-Ls of the possibility of cancellation under this subsection.
(i) The department shall establish minimum criteria
that must be met by an entity to be considered for designation as
an OCP-D. Such criteria may include, but are not limited to the following:
(1) commitment of a minimum amount in cash, goods,
and/or services established by the department;
(2) a presence in the state that is sufficiently broad
for the type of OCP-D designation and the ability of the entity to
engage in joint promotional campaigns and/or cooperative ventures
utilizing technology and/or systems belonging to the entity;
(3) a mission or purpose that does not conflict with
the mission of the department; and
(4) other criteria established by the department based
on the needs of the department.
(j) The department may establish criteria, as appropriate,
to be met by an entity to be considered for designation as an OCP-L,
which may include some or all of the criteria listed in subsection
(i) of this section.
(k) The designation of an OCP shall be for a specified
period of time.
(l) The designation of an OCP shall not constitute
an endorsement by the department of the OCP or the OCP's products
and/or services.
(m) The department will not designate an entity as
an OCP if the designation would result in a conflict with the department's
regulatory, contractual or other obligations, or would otherwise create
the appearance of a conflict of interest.
(n) Notwithstanding the designation of an entity as
an OCP and unless otherwise expressly agreed by the department in
writing:
(1) the department and an OCP are independent entities
and are not agents, partners, joint venture participants or otherwise
responsible for the acts, omissions, or conduct of the other party;
and
(2) the legal relationship of the department and an
OCP shall not be considered a "partnership" and neither the department
nor an OCP shall be considered a "partner" of the other as those terms
are defined and used in the Business Organizations Code.
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