W. Va. Code R. § 148-22-5

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 148-22-5 - Verification of Control

5.1. Control. -- To be certified under these rules, the minority, woman, or small business owners must certify to the Director that they possess and exercise managerial and operational control over the day-to-day affairs of the business. Upon request of the Director, the business owners must submit documented proof of control. The Director shall have sole discretion in determining whether an applicant has the requisite managerial and operational control over the business. The Director may verify the managerial and operational control at any time.

5.1.a. Managerial Control. -- The minority, woman, or small business owners have managerial control if they have the ability to make independent and unilateral business decisions needed to guide the future and direction of the firm.

5.1.b. Operational Control. -- The minority, woman, or small business owners have operational control if they have the ability to independently and unilaterally make basic decisions pertaining to the daily operations of the business.

5.2. Intertwinement. -- To be eligible for certification, a business must certify that it is not intertwined with a noncertified business. Intertwinement with a noncertified business may be grounds for denial or revocation of certification of a business. The Director may determine whether a business is intertwined with a noncertified business by considering various factors which include, but are not limited to: shared ownership; common leadership (Board of Directors, Managers, other key personnel); shared equipment, facilities, resources, or employees; overdependence on a noncertified business to obtain and perform work; and the degree to which financial, equipment, leasing, business and other relationships with noncertified businesses vary from normal industry practice.

W. Va. Code R. § 148-22-5