Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-07 - Revocation

Current through all regulations passed and filed through July 1, 2024
(A)
								The Coordinator may revoke an MBE, EDGE, or WBE
			 certification if the Coordinator determines that a certified business and/or
			 its at least fifty-one percent eligible owner(s) do not meet the criteria set
			 forth in this chapter. The revocation may be the result of a finding by the
			 Coordinator that includes, but is not limited to, any of the following:
(1)
									the at least
			 fifty-one percent eligible owner(s) of the certified business intentionally
			 misrepresented or omitted material facts on its application including documents
			 and interview statements;
(2)
									the certified business is determined by the Coordinator
			 to no longer be owned by individual(s) meeting program eligibility
			 requirements;
(3)
									the at least fifty-one percent eligible owner(s) of the
			 certified business no longer control, operate, or participate in the certified
			 business;
(4)
									the at least fifty-one percent eligible owner(s) of the
			 certified business is no longer a United States of America citizen(s), or
			 full-time resident(s) of the state of Ohio or the reciprocal state for the WBE
			 program only;
(5)
									the certified business is no longer a for-profit
			 entity;
(6)
									continued certification of the certified business is
			 not in the best interest of the state of Ohio. Such reasons include (but are
			 not limited to) the following:
(a)
										debarment of the certified business and/or owner(s) by
			 the federal government, state of Ohio, local government, political subdivision,
			 or any other governmental entity;
(b)
										a determination
			 that the certified business inappropriately transferred, assigned, or
			 subcontracted work to a non-certified business; or
(c)
										the actions of
			 the certified business or any of its owner(s) results in a judgement against
			 the business or any of its owner(s).
(7)
									the Coordinator
			 determines that the at least fifty-one percent eligible owner(s) or the
			 certified business does not perform a commercially useful
			 function;
(8)
									the certified business and/or owner(s) do not remain in
			 compliance with all criteria set forth in this chapter during the entire
			 certification period;
(9)
									the EDGE Business Enterprise or its fifty-one percent
			 eligible owner(s) is determined to no longer be economically and/or socially
			 disadvantaged;
(10)
									the at least fifty-one percent eligible owner(s) of the
			 certified business did not notify the Ohio Department of Administrative
			 Services, Equal Opportunity Division (DAS/EOD) in writing (letter or email) of
			 a change in the circumstances affecting the at least fifty-one percent eligible
			 owner(s) or the certified business's ability to meet ownership, independence,
			 control, or economic size (for an EDGE-certified business) requirements, or a
			 change in the information provided in its application for certification into
			 the program;
(11)
									the at least fifty-one percent eligible owner(s) of the
			 certified business did not notify DAS/EOD in writing (letter or email) when a
			 material change occurs in the business structure. Examples include the
			 following (but not limited to) limited liability company changes to
			 corporation; change from for profit to nonprofit; state residency changes of
			 the at least fifty-one percent eligible business owner(s); change in
			 contributions of capital; change in control or ownership; change in articles,
			 by-laws, partnership agreement; or change in Joint Venture Agreement;
			 or
(12)
									the at least fifty-one percent eligible owner(s) of the
			 certified business did not produce information or documents required by laws,
			 rules, regulations, or documents or information requested by
			 DAS/EOD.