Or. Admin. R. 123-200-1500 - Denial and Decertification of MBE, WBE, and SDV Firms
(1) The COBID may
deny or decertify a firm at any time it determines that the firm does not or no
longer meets the eligibility standards set out in OAR 123-200-1000 through
123-200-2300 and ORS 200.005. The procedure is as follows:
(a) In the case of denial of initial
certification, the COBID will notify the applicant in writing of the denial and
provide a detailed explanation supporting the reasons for denial.
(b) In the case of decertification, the COBID
shall issue a Notice of Intent to Decertify the firm 21 days prior to the date
of decertification and provide a detailed explanation to support the reasons
for the determination.
(c) In the
event of a denial or decertification, the applicant or certified firm has 21
calendar days from the date of notice in which to submit a written appeal to
the manager of the COBID. Following the review of the applicant's written
appeal, the manager of the COBID will issue a decision.
(d) If the applicant or certified firm does
not agree with the manager's decision, he or she may request a contested case
hearing. The COBID will conduct a contested case hearing in accordance with ORS
183.310 to 183.550. Following the contested case hearing, the Hearings Officer
will forward a proposed order to the manager of the COBID for issuance of a
final order.
(e) If the applicant
or certified firm files an appeal in writing or requests a contested case
hearing, the COBID will stay the denial or decertification pending the issuance
of the final order. If the applicant or certified firm does not submit a
written appeal or request for a contested case hearing to the COBID within the
21-day period, the denial or decertification shall be final.
(2) The COBID may decertify a firm
if the socially disadvantaged individual leaves the business or dies.
(3) An individual may withdraw his
or her application or certification if he or she no longer wishes to
participate in the program. The applicant must complete a notarized withdrawal
form provided by the COBID.
(4)
Any business denied initial certification is ineligible to reapply for a period
of 12 months.
Notes
Stat. Auth.: ORS 200.055
Stats. Implemented: ORS 200.005
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