Or. Admin. R. 123-200-1300 - Certification: Application and Procedure

(1) Businesses seeking certification as a DBE, MBE, WBE, SDV, or ESB must complete the Certification Application provided by the COBID.

(2) Applicants seeking certification as a DBE through COBID must meet the eligibility criteria set out in 49 CFR parts 23 and 26 and any written directives, administrative guidelines, and written decisions of the US Department of Transportation.

(3) The COBID will make certification determinations based on the eligibility standards included in these rules and apply written directives of the administrative guidelines, Oregon Revised Statutes, 49 CFR part 26, and written appeal decisions regarding state certification so long as they are in accord with these rules.

(4) The completed application, together with all required supporting documentation, shall be submitted through the e-application process, by mail or in person to the Certification Office for Business Inclusion and Diversity, 775 Summer St. NE, Suite 200, Salem OR 97301. The COBID will not process incomplete applications.

(5) The COBID will take action on completed applications as promptly as its resources permit. The order of priority for processing applications shall be the date the COBID receives the complete application including all supporting documentation.

(6) The COBID may conduct a phone interview or on-site investigation at the owner's place of business and/or jobsite if applicable. The purpose of the interview and/or site visit is to verify material submitted with the application and to substantiate eligibility.

(7) As part of its investigation, the COBID may require firms to provide information in addition to that requested on the application. The applicant has the burden of proving that he or she is eligible for certification.

(8) The applicant must cooperate fully with the investigation and make available any additional information requested by the COBID.

(9) The COBID shall notify applicants promptly by mail after making a decision. When the COBID denies an application, the letter shall set forth the specific reasons for the denial.

(10) In making certification determinations under this section, the COBID does not consider whether the business has previously performed or would be able to perform a commercially useful function. Repeated failure by a business to perform a commercially useful function may indicate, however, that the business is not independent, owned, or controlled by a socially disadvantaged individual.

Notes

Or. Admin. R. 123-200-1300

OBDD 17-2010, f. 4-30-10, cert. ef. 5-1-10; Renumbered from 123-200-0040, OBDD 7-2013, f. & cert. ef. 9-3-13; OBDD 1-2016, f. & cert. ef. 1/5/2016

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 200.055

Stats. Implemented: ORS 200.055