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 (Purpose) through 123-200-2300 (Directory) and ORS 200.005 (Definitions). 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 (Definitions for chapter) 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.
Rule 123-200-1500 — Denial and Decertification of MBE, WBE, and SDV Firms,