Current through Vol. 42, No. 1, September 16, 2024
(a) The Department will certify a business
which meets the eligibility criteria of this chapter as a Diverse Business
Enterprise. This certification will remain in place for up to five (5) years
unless any one or more of the following conditions occur:
(1) There is a change in ownership or daily
management to persons other than those upon whom certification was
based.
(2) The business has a
change in yearly revenues or number of employees that exceeds the size
limitations for Eligible Entities.
(3) The business ceases to exist as an
independent operation.
(4) There is
a change which, had it occurred before certification, would have prevented the
business from being certified by the Department.
(b) If an event occurs that cause a business
to no longer meet the criteria of an Eligible Entity, they are to notify the
Department in writing of the change and relinquish their certification within
thirty (30) days of the event. The business may reapply for certification at
any time, should they once again become an Eligible Entity.
(c) Renewal of Certification
(1) Prior to expiration of the certification,
if an entity has experienced no change in ownership and otherwise meets all
criteria of an Eligible Entity, the Eligible Entity may submit an affidavit
confirming that no changes affecting ownership or the Eligible Entity's ability
to meet the program's qualifications have occurred.
(2) If an Eligible Entity has experienced a
change in ownership, but still meets the criteria of an Eligible Entity, the
Entity may submit a renewal application to the Department along with any
documentation requested by the Department if they seek to remain in the
program.
(3) If the affidavit or
renewal application is approved, the certification of the business may be
extended for up to five years from the date the certification was set to
expire.
(4) The affidavit form
and/or renewal application to be submitted to the Department will be made
available to businesses by the Department upon request or otherwise through the
Department website.
(d)
Expiration of Certification
(1) If the
Department has not received an affidavit or renewal application from the
business affirming that the business still meets the criteria of an Eligible
Entity along with all requested documentation prior to expiration of their
current certification, the business will no longer be certified as a Diverse
Business Enterprise.
(2) If the
affidavit or renewal application is received from the business by the
Department prior to expiration of the certification, the Department may grant
an extension to the business to provide documentation establishing that the
business is still an Eligible Entity.
(3) The Department will notify the Office of
Management and Enterprise Services (OMES) of any business whose certification
has expired.
(e)
Revocation of Certification
(1) A business
may have its certification revoked if the business does not meet the criteria
of an Eligible Entity as set forth in these rules or by statute.
(2) The Department will send a letter to the
business at the address on the Business's application notifying the business
that they are having their certification revoked at least thirty (30) days
before the revocation is effective.
(3) A business may object to revocation of
their certification by mailing a written objection to the Department via
certified mail at least ten (10) days prior to the effective date of the
revocation. If this letter is not received by the Department prior to the date
of revocation, the certification will be revoked.
(4) The Department will notify OMES of any
business whose certification is revoked.
(f) A business that has its certification
revoked or whose certification expires may reapply for certification whenever
that business becomes eligible for certification as an Eligible
Entity.
