Connecticut Administrative Code › Title 13a - Highways and Bridges › 165 - Certification of Disadvantaged Business Enterprises › Section 13a-165-10 - Certification period, update and review

Current through July 10, 2024
(a) The DBE
			 certification shall be valid for a period of four (4) years from the date that
			 the Certification Panel makes its determination under section
			 13a-165-8.
			 Thereafter, at least ninety (90) days prior to the certification expiration
			 date, the DBE must submit a new application to the OCC pursuant to the
			 provisions of sections
			 13a-165-5
			 et seq. if the DBE wishes to be recertified as a DBE for another four year
			 period. This new application shall be processed in the same manner as the
			 original application.
(b) Annually,
			 on or about the anniversary of the initial date of certification, the OCC shall
			 mail to the DBE an update report form which shall include an affidavit in which
			 the DBE shall reaffirm the information contained in the original DBE
			 certification application or in its most recently filed update report, if any.
			 The DBE must file the completed update report (e.g., the executed affidavit),
			 together with its most recent Federal Income Tax Return, with the OCC within
			 thirty (30) days of the mailing of the update report form to the DBE. Failure
			 to file a completed update report, or to provide any additional information
			 requested by the OCC, shall be grounds for decertification.
(c) Within thirty (30) days of any change in
			 ownership, control or management of the business, the DBE shall file with the
			 OCC a supplemental application which shall contain the same information
			 required for initial certification as a DBE. As with the initial application,
			 the burden shall be on the business to clearly demonstrate that notwithstanding
			 the change in ownership, control or management, the business fully satisfies
			 the eligibility requirements for certification as a DBE as set forth in these
			 regulations and 49 CFR Part 23. Failure to provide a supplemental application,
			 or to provide information requested by the OCC, shall be grounds for
			 decertification.
(d) The OCC shall
			 review the update report or supplemental application for completeness and
			 verify the information contained therein, and shall thereafter make a written
			 recommendation to the Certification Panel regarding the status of the DBE
			 certification (e.g., does the small business concern still meet the eligibility
			 requirements for designation as a DBE as set forth in section
			 13a-165-4
			 ). The OCC shall give written notification to the DBE of its recommendation,
			 the reasons for its recommendation, and the time, date and place when the
			 Certification Panel will meet to consider the recommendation. This notification
			 shall be sent to the DBE by registered or certified mail, postage prepaid, at
			 least ten (10) days prior to the scheduled meeting.
(e) Upon receipt of the OCC's recommendation,
			 the Certification Panel shall consider the matter at the scheduled meeting,
			 except that if the OCC recommends decertification then the matter shall be
			 handled in accordance with the provisions of section
			 13a-165-13.
(f) At the meeting of the Certification
			 Panel, the OCC shall make a presentation to the Panel and the DBE shall be
			 provided with an opportunity to respond to the OCC's recommendation and to
			 present information and arguments in support of its continued certification as
			 a DBE. The OCC shall be provided with an opportunity to respond to the
			 information and arguments offered by the DBE.
(g) Following the presentation by the DBE and
			 the OCC, the Panel shall notify the DBE of its determination, in writing,
			 within seven (7) days.