34 Tex. Admin. Code § 20.294 - Graduation Procedures
(a) Size Standards.
A HUB shall graduate from being eligible for HUB certification when it has
maintained gross receipts or total employment levels during four consecutive
years which, including all affiliates, exceed the U.S. Small Business
Administration size standards set forth in 13 CFR Part 121.
(b) Graduation. Businesses that achieve the
size standards identified in subsection (a) of this section have reached a
competitive status in overcoming the effects of discrimination. The comptroller
shall review, as part of the certification or recertification process, the
financial revenue or relevant data of a business to determine whether the size
standards identified in subsection (a) of this section have been achieved. When
the comptroller determines that the business exceeds the applicable size
standard, the comptroller shall inform the business that it has graduated and
is no longer certified as a HUB, and shall remove the business from the HUB
directory.
(c) Effects of
Graduation.
(1) Businesses that have
graduated from the HUB program may not be included in meeting statewide or
state agency HUB utilization goals after the end of last reporting period in
which they held certification for at least one day.
(2) A business that has graduated or does not
qualify as a HUB under this title, shall be eligible to reapply for HUB
certification only after demonstrating that it meets the qualifications for
HUB, including the size standards.
(3) A business is considered a successor in
interest if it has acquired substantially all of the assets and liabilities of
another business. The application of the successor in interest to a HUB that
has graduated will be treated as a reapplication of the HUB. The successor in
interest applicant must show that it meets the size standards before it is
considered eligible to apply.
Notes
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