La. Admin. Code tit. 70 § XIX-127

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIX-127 - Procedure for Denial of Certification or Recertification

A. A business denied certification or recertification by the CRT will be notified by the safety programs Section of the determination and may request a review of the CRT's decision. The request must be in writing and must detail specific areas in which the business feels the decision is in error. The written request must be received by the CRT within 14 calendar days of the business' notification that it has been denied.

B. The CRT will consider requests for hearings on denials of certification or recertification if the request is received during the stated time limit. Hearings are not, however, mandatory. When the record clearly establishes the SDBE applicant lacks the background and experience to control day-to-day and major operational decisions, a hearing request may be denied.

C. By majority vote the CRT may choose to request a meeting with the business owners to clarify certain areas. If this is the case, it will be mandatory that the SDBE applicant attend the hearing and represent themselves before the CRT. An attorney may accompany the applicant, but may only attend to advise their client. The date will be specified by the CRT and failure to appear will result in rejection.

D. A SDBE applicant may appeal the CRT's decision to the secretary of DOTD in writing within 14 days from receipt of the CRT's final rejection. The secretary's decision is final.

E. A business that is denied certification or recertification may not reapply for certification with the department for at least 180 days from the date of the final decision by DOTD.

La. Admin. Code tit. 70, § XIX-127

Promulgated by the Department of Transportation and Development, LR 19:507 (April 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:234(C).