Washington Administrative Code
Title 484 - Veterans Affairs, Department of
Chapter 484-60 - VETERAN OWNED BUSINESS CERTIFICATION
Section 484-60-010 - Certified veteran and servicemember owned business list-Certification process
Universal Citation: WA Admin Code 484-60-010
Current through Register Vol. 24-18, September 15, 2024
(1) Eligibility for certification. WDVA must verify that the business is:
(a) At least fifty-one percent owned and
controlled by:
(i) A veteran, defined as
every person who at the time he or she seeks certification has received a
discharge with an honorable characterization or received a discharge for
medical reasons with an honorable record, where applicable, and who has served
in at least one of the capacities listed in RCW 41.04.007; or
(ii) An active or reserve member in any
branch of the armed forces of the United States, including the National Guard,
Coast Guard, and armed forces reserves; and
(b) An enterprise which is incorporated in
the state of Washington as a Washington domestic corporation, or an enterprise
whose principal place of business is located within the state of Washington for
enterprises which are not incorporated.
(c) The business may also be eligible if at
least one veteran and the business meet the criteria in (a) and (b) of this
subsection and the business:
(i) Is owned and
controlled by a married couple or registered domestic partnership where only
one spouse or partner is an eligible veteran, provided that the business is
controlled and operated by the eligible veteran; or
(ii) Is operated by the nonveteran widow(er)
of a veteran spouse or registered domestic partner who has not remarried or
reregistered for up to ten years following the death of the veteran or until he
or she remarries or reregisters, whichever is shorter, as long as the widow(er)
remains an active participant in the day-to-day operations of the business and
maintains at least fifty-one percent ownership; or
(iii) Is owned by more than one veteran and
at least fifty-one percent of the business is owned by eligible veterans and
the business is controlled and operated by those veterans; or
(iv) Is a corporate sponsored dealership,
otherwise known as a franchise, and the business meets the following ownership
standards:
(A) The veteran owner(s) have
entered into a written agreement, contract, or arrangement with a national or
regional corporation and has been granted a license to offer, sell, or
distribute goods or services at wholesale or retail, leasing or otherwise use
the name, service mark, trademark, or related characteristics of the sponsoring
corporation.
(B) The veteran
owner(s) must declare that the relationship between the corporate sponsor and
the veteran owner(s) was not formed for the primary purpose of achieving
certification under chapter 43.60A RCW as a veteran or service-member owned
business, or any similar provision of any ordinance, regulation, rule or law;
or
(v) Is a nonprofit
veteran service organization department or office in Washington state and is
listed by the U.S. Department of Veterans Affairs in the Directory of Veterans
Service Organizations and registered as a nonprofit with the Washington
secretary of state; or
(vi) Is a
business that is certified by the Vets First Verification Program or VetBiz and
the business provides that certification letter and proof that the business is
incorporated in the state of Washington as a Washington domestic corporation,
or proof that the business is an enterprise whose principal place of business
is located within the state of Washington for enterprises which are not
incorporated.
(2) Required documentation. Before WDVA can certify a veteran or servicemember owned business, the business must supply WDVA with all requested documents to verify eligibility.
(3) Decertification. A business may be decertified at any time WDVA determines that the business does not meet the current criteria for eligibility.
(a) A
certified business shall notify the office, in writing, within thirty calendar
days of any changes in its veteran ownership status, control, operations, or
incorporation status in the state of Washington. Failure to provide such notice
in a timely manner may lead to decertification.
(b) When WDVA has determined that a certified
business (i) no longer meets the certification criteria, or (ii) failed to
supply additional information requested by the office in a timely manner, or
(iii) failed to give timely notice of changes, WDVA will decertify the business
in writing.
(4) Administrative review of decertification decisions.
(a) Upon receipt of a notice of
decertification letter, the business may request an administrative review of
the decision as authorized by RCW 34.05.482; 34.05.485; and 34.05.494. The
request for administrative review must be received by WDVA within twenty
calendar days of mailing of the notice of decertification to the last address
supplied to WDVA by the business. The request for an administrative review must
set forth the reasons the business believes WDVA's decision to decertify is in
error and must include all supporting information and documentation.
(b) If WDVA has not received a request for an
administrative review within twenty days of mailing of the notice of
decertification letter, the decision to decertify becomes final.
(c) Upon receipt of the request for an
administrative review, WDVA will review the request and any additional
information provided and may conduct further investigation. An administrative
review will be conducted by WDVA and the business will be given an opportunity
to present evidence and argument.
(d) WDVA will thereafter notify the business
in writing of its decision to either affirm or reverse the firm's
decertification.
(e) If the
business disagrees with WDVA's decision, the business may appeal in writing to
the director of WDVA within twenty days of the initial decision. The business
shall remain certified until:
(i) The entry of
a final decertification decision by the director.
(ii) Decertification shall be effective
immediately upon the entry of the final decision, and will not be stayed
pending review by any court.
(f) Decertified businesses must remove any
stickers, logos, or statements that identify them as a veteran or
service-member owned business to the public.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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