D.C. Mun. Regs. r. 27-703

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-703 - DENIAL OF CERTIFICATION

703.1

The Commission shall deny certification as a local minority business enterprise or MBE/joint venture to any business entity which fails to meet the requirements of D.C. Law 1-95 and chapters 6 and 7 of this title.

703.2

The Commission may base its denial of certification on any of the following grounds:

(a) Failure to qualify as a local minority business enterprise under the eligibility provisions of D.C. Law 1-95 or this chapter;

(b) Failure to provide sufficient information to the Commission on which a determination of eligibility can be based;

(c) Refusal to permit on-site inspections by the Commission or its representative(s); or

(d) Refusal to comply with a reasonable Commission request for information, data, or access to records pertinent to the application for certification.

703.3

If certification is denied, the Commission shall notify the applicant of the denial in writing along with the reasons for the denial.

703.4

A copy of each Notice of Denial of Certification shall be sent to the Mayor.

703.5

Certification shall be denied when it is established that the applicant knowingly provided the Commission with incorrect data in its certification application and accompanying documents.

703.6

Upon the denial of certification of an applicant by the Commission on one (1) or more grounds set forth in § 703.1 or § 703.2, or for any reason, the Commission shall not accept, review, or evaluate for a period of one (1) year from the date the applicant receives notice of the Commission's decision to deny certification, unless the applicant requests and receives a hearing in accordance with § 708 of this chapter, any of the following:

(a) New information on, amendments to, or the denied application; or

(b) New certification applications from the applicant, its agent(s), representative(s), or other members of the public on the applicant's behalf.

703.7

If the applicant receives a hearing in accordance with § 708, the one (1) year waiting period commences on the date the applicant receives notice of the Commission's final decision on the hearing.

703.8

The one (1) year waiting period constitutes a moratorium on further review of the applicant's file for purposes of certification and participation in the sheltered market program.

703.9

Hearings shall be conducted in accordance with the procedures set forth in § 708 of this chapter.

D.C. Mun. Regs. r. 27-703

Final Rulemaking published at 26 DCR 2771, 2781 (December 21, 1979); as amended by Final Rulemaking published at 33 DCR 5659, 5660 (September 12, 1986)