W. Va. Code R. § 148-22-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 148-22-6 - Application and Certification Process

6.1. Certification Eligibility. -- Any business which meets the definition of a minority-owned business, a women-owned business, or a small business as set forth in these rules, is eligible to be certified as such by the state of West Virginia, unless:

6.1.a. The business fails to obtain all licenses, certifications, and authorizations necessary to lawfully conduct business in the state of West Virginia;

6.1.b. The business is not a resident business of West Virginia and the state in which the business has its headquarters or principal place of business denies a like certification to a West Virginia based small, women-owned or minority-owned business; or

6.1.c. The business is not a resident business of West Virginia and the state in which the business has its headquarters or principal place of business provides a preference to small, women-owned, or minority-owned firms that is unavailable to West Virginia based businesses.

6.2. Application. -- Applications to be certified as a small, women-owned, or minority-owned business must be obtained from and be submitted to the West Virginia Purchasing Division. The application form may be modified by the Purchasing Division at any time. The minority, woman, or small business owner shall be responsible for ensuring that the form is complete and accurate and is properly delivered to the Director. The applicant should keep a copy of the completed form and all documents submitted with the form for its own reference. More information regarding the application process can be obtained by contacting the Purchasing Division by mail at P.O. Box 50130, Charleston, WV 25305 or visiting the Purchasing Division online at http://www.state.wv.us/admin/purchase/default.html.

6.3. Additional Information. -- As part of the determination, the Director may require minority, women, and small business owners to provide information in addition to that requested on the application forms. Failure to provide the additional information requested by the Director, or to notify the Director that such information is not available within the time specified by the Director may result in denial of certification.

6.4. Application Withdraw. -- A business may withdraw its application for certification without prejudice at any time prior to the Purchasing Division=s determination. The request to withdraw the application must be made in writing and addressed to the Director.

6.5. Application Processing. -- The Director will process all applications as promptly as resources permit. The Director does not guarantee that any application will be processed within any certain time period and the inability to process an application by a certain time shall not subject the Director or the State of West Virginia to liability.

6.6. Duty to Cooperate. -- The owners shall have the duty to cooperate fully in the Director's investigation of the application, including promptly submitting any additional information requested by the Director. This duty shall continue after the business is certified. In addition to any other penalties provided by law, the submission of false or misleading information to the Director in connection with an application for certification or renewal of certification shall be grounds for permanent or temporary denial of certification or permanent or temporary decertification. A business may seek to end a permanent denial of certification or permanent decertification by presenting a written request to the Director containing evidence sufficient to convince the Director, at his sole discretion, that the business's circumstances have changed and permanent denial of certification or permanent decertification is no longer warranted.

6.7. Decision. -- The Director shall notify the applicant business of the decision to grant or deny certification within fifteen working days after the decision has been made. Where the Director has denied the application, the decision shall set forth the bases for denial. Where the Director has denied certification because the business did not meet one or more of the eligibility criteria, this shall not preclude the Director from later denying the application on additional bases after further review.

W. Va. Code R. § 148-22-6