D.C. Mun. Regs. r. 27-706

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

Rule 27-706 - REVOCATION OF CERTIFICATION

706.1

Formal charges against an MBE which may result in revocation of certification may be brought and adopted on any of the following grounds:

(a) Fraud or deceit in obtaining certification, including the furnishing of substantially inaccurate or incomplete ownership or financial information in connection with the application;

(b) Failure to report changes in the status or activities of the business entity or its minority membership which affect the MBE's eligibility for certification;

(c) Gross negligence, incompetence, financial irresponsibility, or misconduct in the performance of contractual obligations or services; or

(d) Willful violation of any provision of D.C. Law 1-95 or of chapter 6 or 7 of this title.

706.2

The Commission shall give written notice of the adoption of charges to the MBE or joint venture. The notice shall set forth the grounds and reasons for the denial and shall set forth the right to a hearing and hearing procedures.

706.3

A hearing before the Commission to contest the revocation of certification may be obtained by filing a written request for a hearing within ten (10) days of the receipt of the notice of revocation. A written response to the charges may be filed with the request for hearing or at any time prior to the conclusion of the hearing.

706.4

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

706.5

Upon the revocation of certification by the Commission on one or more grounds set forth in § 706.1, or for any other reason, the Commission shall not accept, review, or evaluate new certification applications from that MBE for a period of one (1) year from the date the MBE receives the notice, unless the MBE requests and receives a hearing in accordance with §§ 706.3 and 706.4.

706.6

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

706.7

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

D.C. Mun. Regs. r. 27-706

Final Rulemaking published at 26 DCR 2771, 2787 (December 21, 1979); as amended by Final Rulemaking published at 33 DCR 5659, 5661 (September 12, 1986)