reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part I - General Information › Section 7VAC10-10-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
"Department" means the Department of Minority Business
					 Enterprise.
"Director" means the Director of the Department of Minority
					 Business Enterprise.
"Person" means any corporation, partnership, sole
					 proprietorship, association, one or more individuals, or any unit of government
					 or agency thereof.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part I - General Information › Section 7VAC10-10-20 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall seek public participation from
					 interested parties prior to formation and during the drafting, promulgation and
					 final adoption process of regulations.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part I - General Information › Section 7VAC10-10-30 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
These guidelines apply to all regulations adopted by the
					 department except for emergency regulations adopted in accordance with §
					 9-6.14:9 of the Code of Virginia and such regulations as may be otherwise
					 excluded as identified in the Code of Virginia.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part II - Initiation of Process › Section 7VAC10-10-40 - Department review

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall review the effectiveness and need for
					 these regulations on an annual basis.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part II - Initiation of Process › Section 7VAC10-10-50 - Formal request for action

Current through Register Vol. 40, No. 24, July 15, 2024
Any person may formally request the director to adopt,
					 amend, or delete any regulation. The request shall be in writing and shall
					 state the name and address of the person interested in the proposed action; the
					 recommended addition, deletion or amendment to a specific regulation; and the
					 anticipated impact on persons affected by the regulation. If the director
					 determines not to act upon a formal request, he shall provide a written
					 response not to act within 90 days from the date of the request. The director
					 shall have sole authority to dispose of the formal request.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation › Section 7VAC10-10-60 - Notice of intended regulatory action

Current through Register Vol. 40, No. 24, July 15, 2024
When the director deems it necessary to develop new
					 regulations or make changes to an existing regulation, a "Notice of Intended
					 Regulatory Action" (form RR01) will be published in the Virginia Register. This
					 notice will invite those interested in providing input to notify the department
					 of their interest. This notice will contain a brief and concise statement of
					 the proposed regulation or change in the regulation and invite interested
					 persons to provide written comment on the subject matter.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation › Section 7VAC10-10-70 - Identification of interested persons

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall identify persons whom it believes
					 would be interested in or affected by the regulation. To do so, the department
					 will use the following:
1. A directory
				  or listing of minority businesses maintained by the department;
2. A listing of persons who request to be
				  placed on the mailing list;
3. A
				  listing of persons who previously participated in public proceedings concerning
				  related subjects or issues; and
4.
				  The department may also use other mailing lists or publish a notice of a public
				  hearing in a newspaper of general circulation in Virginia.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation › Section 7VAC10-10-80 - Informational proceeding

Current through Register Vol. 40, No. 24, July 15, 2024
The director or any representative designated for such
					 purpose may hold informational proceedings on any new regulation or proposed
					 changes to existing regulations. In notifying the public, the department shall
					 file a "Notice of Meeting" (form RR06) with the Virginia Register of
					 Regulations. Such persons desiring to comment shall be encouraged to provide a
					 written copy of their statement to the department.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part IV - Advisory Panel › Section 7VAC10-10-90 - Establishment

Current through Register Vol. 40, No. 24, July 15, 2024
The director may establish an advisory panel to comment or
					 make recommendations on new regulations or changes to existing regulations. The
					 panel shall be at least five and no more than seven members in
					 number.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part IV - Advisory Panel › Section 7VAC10-10-100 - Panel membership

Current through Register Vol. 40, No. 24, July 15, 2024
At least one member shall be a representative from a
					 minority business enterprise; one member shall be employed by an office
					 responsible for a federal, state, or local small or minority assistance
					 program; one member with shall have race relations, equal opportunity or
					 related experience and interest; and one member shall be employed by government
					 with procurement or purchasing responsibility. The balance of the panel shall
					 be at-large members who have expressed or may have an interest in the
					 regulation.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part IV - Advisory Panel › Section 7VAC10-10-110 - Orientation of panel

Current through Register Vol. 40, No. 24, July 15, 2024
Panel members will be oriented to the department, its
					 program, issues, constraints, entities to be affected, options and time
					 limitations. The panel will discuss and make recommendations which will be
					 considered in the drafting and adopting of regulations. Once the regulations
					 have been developed, the panel will review them and continue to participate
					 during the promulgation process.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part V - Final › Section 7VAC10-10-120 - Adoption

Current through Register Vol. 40, No. 24, July 15, 2024
After proposed regulations have been developed by the
					 department in accordance with these guidelines, they shall be submitted for
					 public comment and adopted in final form in accordance with the Administrative
					 Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part V - Final › Section 7VAC10-10-130 - Final action

Current through Register Vol. 40, No. 24, July 15, 2024
After proposed action on a regulation has been approved,
					 the final regulation will be printed in the Virginia Register of
					 Regulations.
Copies of final regulations shall be printed and will be
					 available by writing the Department of Minority Business Enterprise at its
					 office in Richmond, Virginia.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part I - General Information [Repealed] › Section 7VAC10-21-10 - Purpose [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part I - General Information [Repealed] › Section 7VAC10-21-20 - Definitions [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part I - General Information [Repealed] › Section 7VAC10-21-30 - Confidentiality [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part I - General Information [Repealed] › Section 7VAC10-21-40 - False or misleading information [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part II - Minimum Eligibility Standards [Repealed] › Section 7VAC10-21-100 - Eligible small business [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part II - Minimum Eligibility Standards [Repealed] › Section 7VAC10-21-110 - Eligible women-owned business [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part II - Minimum Eligibility Standards [Repealed] › Section 7VAC10-21-120 - Eligible minority-owned business [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part II - Minimum Eligibility Standards [Repealed] › Section 7VAC10-21-130 - Eligible out-of-state business enterprise [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part III - Determination of Independent Operation, Ownership and Control of Small, Women- and Minority-Owned Businesses [Repealed] › Section 7VAC10-21-200 - General provisions [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part III - Determination of Independent Operation, Ownership and Control of Small, Women- and Minority-Owned Businesses [Repealed] › Section 7VAC10-21-210 - Ownership [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part III - Determination of Independent Operation, Ownership and Control of Small, Women- and Minority-Owned Businesses [Repealed] › Section 7VAC10-21-220 - Control [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part III - Determination of Independent Operation, Ownership and Control of Small, Women- and Minority-Owned Businesses [Repealed] › Section 7VAC10-21-230 - Certifying franchises [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part IV - Certification and Recertification Procedures [Repealed] › Section 7VAC10-21-300 - General provisions [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part IV - Certification and Recertification Procedures [Repealed] › Section 7VAC10-21-310 - Procedures for initial certification of businesses previously certified by other qualifying local, state, private sector, or federal certification programs [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part IV - Certification and Recertification Procedures [Repealed] › Section 7VAC10-21-320 - Procedures for initial certification of businesses not previously certified by other qualifying local, state, private sector, or federal certification programs [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part IV - Certification and Recertification Procedures [Repealed] › Section 7VAC10-21-330 - Procedures for renewal of certification or recertification [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part V - Evaluation of Local, State, Private Sector and Federal Certification Programs [Repealed] › Section 7VAC10-21-400 - Department-initiated evaluation [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part V - Evaluation of Local, State, Private Sector and Federal Certification Programs [Repealed] › Section 7VAC10-21-410 - Application for evaluation by business or program [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part V - Evaluation of Local, State, Private Sector and Federal Certification Programs [Repealed] › Section 7VAC10-21-420 - Standards for evaluating other certification programs [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part V - Evaluation of Local, State, Private Sector and Federal Certification Programs [Repealed] › Section 7VAC10-21-430 - Department to maintain list of other certification programs [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VI - Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-500 - Denial of certification [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VI - Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-510 - Notice of denial [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VI - Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-520 - Criteria for revocation of certification [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VI - Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-530 - Revocation procedure [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VI - Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-540 - Reapplication [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VII - Procedures for Appeal of Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-600 - Appeals from a denial of certification or revocation of certification [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 10 - DEPARTMENT OF MINORITY BUSINESS ENTERPRISE › Chapter 21 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-, AND MINORITY-OWNED BUSINESSES [Repealed] › Part VII - Procedures for Appeal of Denial of Certification or Revocation of Certification [Repealed] › Section 7VAC10-21-610 - Judicial review [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-1606 of the Code of
						Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Affiliate" means a business that is connected in some way,
				  whether financially or legally, to a business that has applied to the
				  department for certification as a small, women-owned, or minority-owned
				  business (see the federal Small Business Administration regulations, 13 CFR
				  Part 121). The following requirements, conditions, and factors are
				  applicable:
1. Businesses are
				affiliates of each other when, either directly or indirectly:
a. One business controls or has the power to
				control the other;
b. A third party
				controls or has the power to control both;
c. An identity of interest between or among
				parties exists such that affiliation may be found; or
d. One business or company has ownership,
				direct or indirect, of 10% or more of the voting stock of another business.
				(See the Investment Company Act,
				15 USC §
											80a-2.)
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-20 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				shall take necessary steps to ensure the confidentiality of documents submitted
				in support of an application for certification that are not public records
				within the definition of the Virginia Freedom of Information Act (§ 2.2-3700 et
				seq. of the Code of Virginia).
B.
				Any financial records of a business, including balance sheets and financial
				statements, that are not generally available to the public through regulatory
				disclosure or otherwise, or trade secrets as defined in the Uniform Trade
				Secrets Act (§ 59.1-336 et seq. of the Code of Virginia), provided to the
				department as part of any application for certification or recertification as a
				small, women-owned or minority-owned business are excluded from the provisions
				of the Virginia Freedom of Information Act pursuant to § 2.2-3705.6 of the Code
				of Virginia, but may be disclosed by the department in its discretion where
				such disclosure is not prohibited by law.
C. In order for such financial records or
				trade secrets to be excluded from the Virginia Freedom of Information Act, the
				business shall (i) invoke such exclusion upon submission of data or other
				materials for which protection from disclosure is sought; (ii) identify the
				data or other materials for which protection is sought; and (iii) state the
				reason why protection is necessary.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-30 - False or misleading information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any applicant that knowingly provides
				false or misleading information on an application for certification or
				recertification or in supporting documentation shall be denied certification
				and shall not be permitted to reapply for certification.
B. In addition, the applicant may be referred
				to the Commonwealth's Attorney for the City of Richmond for possible criminal
				prosecution for a misdemeanor or a felony under § 18.2-213.1 or 18.2-498.3 of
				the Code of Virginia.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-40 - Eligible small business

Current through Register Vol. 40, No. 24, July 15, 2024
In general, a business may be certified as a small business
				  if it meets the definition of small business provided in § 2.2-1604 of the Code
				  of Virginia.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-50 - Eligible micro business

Current through Register Vol. 40, No. 24, July 15, 2024
A business may be certified as a micro business if it is
				  first certified as a small business pursuant to 7VAC13-20-40 and, together with
				  its affiliates, has 25 or fewer employees and average annual gross receipts of
				  $3 million or less averaged over the previous three years.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-60 - Eligible women-owned business

Current through Register Vol. 40, No. 24, July 15, 2024
In general, a business may be certified as a women-owned
				  business if it meets the definition of women-owned business as provided in §
				  2.2-1604 of the Code of Virginia.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-70 - Eligible minority-owned business

Current through Register Vol. 40, No. 24, July 15, 2024
A. In general, a business may be certified as
				a minority-owned business if:
1. It meets the
				definition of minority-owned business provided in § 2.2-1604 of the Code of
				Virginia; and
2. The minority owner
				is regarded as such by the community of which the person claims to be a
				part.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-80 - Eligible out-of-state business enterprise

Current through Register Vol. 40, No. 24, July 15, 2024
The department may certify a non-Virginia-based business
				  if:
1. It meets the applicable
				eligibility standards for certification as a small, women-owned, or
				minority-owned business; and
2. The
				state in which the business has its principal place of business does not deny a
				like certification to a Virginia-based small, women-owned, or minority-owned
				business or provide a preference to small, women-owned, or minority-owned firms
				that is not available to Virginia-based businesses.
3. Effective July 1, 2017, any out-of-state
				business applying for certification in Virginia as a small, women-owned, or
				minority-owned business must have the equivalent certification in the state in
				which the business has its principal place of business. An out-of-state
				business that has its principle place of business in a state that does not have
				a small, women-owned, or minority-owned business certification program shall be
				exempt from the requirements of this provision.
Statutory Authority: §
											2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-90 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				determining ownership and control, the department will consider all the facts
				in the record, viewed as a whole, as they appear at the time of the
				application.
B. An eligible
				applicant will not be refused certification based solely on historical
				information indicating a lack of 51% ownership or control of the applicant by
				individuals in the case of a small business or by a woman or women or by a
				minority individual or individuals at some time in the past if the applicant
				meets the ownership and control standards at the time of application. A
				business will not be certified, however, if it appears from the record that the
				business was organized or its ownership structure or control changed for the
				purpose of qualifying for certification as a small, women-owned, or
				minority-owned business.
C. An
				eligible applicant will not be refused certification solely on the basis that
				it is a newly formed business.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-100 - Ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A. The ownership by
				women, minority, or individual owners (in the case of a small business) must be
				real, substantial, and continuing going beyond the pro forma ownership of the
				business.
B. Records of the
				applicant's business arrangements must demonstrate that the women, minority, or
				individual owners who the applicant claims to have ownership interests in the
				applicant's business share in all risks and profits in proportion to their
				ownership interests.
C. Women,
				minority, or individual owners who the applicant claims to have an ownership
				interest in the applicant's business ("qualifying individuals") as evidenced by
				securities must hold the securities directly or in a trust as described in
				subsection I of this section, except that a parent or holding company may be
				utilized only as described in subsection K of this section.
D. Contribution of capital or expertise.
1. Contribution of capital, expertise, or
				both by women, minority, or individual owners to acquire their ownership
				interest shall be real and substantial and be in proportion to the interests
				acquired.
2. Insufficient
				contributions shall include promises to contribute capital or expertise in the
				future; a note or notes payable to the business or its owners who are not
				themselves women, minority, or individual owners; or the mere participation as
				an employee.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-110 - Control

Current through Register Vol. 40, No. 24, July 15, 2024
The applicant must show evidence that the women, minority, or
				  individual owners have control of the business. The following factors will be
				  examined in determining who controls an applicant's business:
1. Governance.
a. The organizational and governing documents
				of an applicant (e.g., limited liability company operating agreements,
				partnership agreements, or articles of incorporation and bylaws) must not
				contain any provision that restricts the ability of the women, minority, or
				individual owners from exercising managerial control and operational authority
				of the business.
b. In reviewing
				governance documents and issues, special attention shall be given to:
(1) The composition of the business's
				governing body (e.g., board of directors or management committee);
(2) The functioning of the governing
				body;
(3) The content of
				shareholder's agreements, bylaws, or state incorporation statutes, and the
				extent to which such agreements, bylaws, or statutes affect the ability of the
				women, minority, or individual owners to direct the management and policy of
				the business; and
(4) In a business
				seeking certification as a women-owned or minority-owned business, a woman or a
				minority owner must hold the highest executive officer position in the company
				by whatever title.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-120 - Certifying franchises

Current through Register Vol. 40, No. 24, July 15, 2024
A business operating under a franchise or license agreement
				  may be certified if it meets the eligibility requirements. In addition:
1. The franchise agreement between the
				franchisor and the franchisee seeking certification must not contain any
				provision that unreasonably restricts the ability of the women, minority, or
				individual owners from exercising managerial control and operational authority
				of the business.
2. In reviewing
				the franchise agreement, special attention shall be given to circumstances
				that, for certification purposes, shall be considered as restricting control
				and authority of the women, minority, or individual owners. These include:
a. Termination of the franchise agreement by
				the franchisor without cause;
b.
				Lack of ownership of receivables by the franchisee;
c. Exclusive ownership of account
				receivables, contracts, or both by the franchisor;
d. Restrictions on the sale of the business
				below market value;
e. Terms and
				conditions not related to the brand or systems that can be altered without
				franchisee's notification, approval, or both;
f. Contracts are prepared and approved by the
				franchisor;
g. Management decisions
				cannot be made independently by the franchisee;
h. No financial risk is borne by the
				franchisee;
i. Hiring and firing
				decisions cannot be made independently by the franchisee; or
j. Equity interest in the franchise is owned
				by the franchisor.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-130 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Applications for certification or recertification and other forms are available
				from and should be submitted to the Virginia Department of Small Business and
				Supplier Diversity at its principal place of business or through the
				department's website if available.
B. A business may withdraw its application
				for certification or recertification without prejudice at any time prior to the
				department's determination. The request to withdraw the application must be in
				writing and addressed to the director. An application for certification or
				recertification may be administratively closed or placed in inactive status by
				the department when:
1. The applicant has
				submitted insufficient information or failed to submit information in response
				to a written request for information by the department;
2. The applicant has voluntarily withdrawn
				its application; or
3. The business
				has been closed or is no longer operating.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-140 - Procedures for initial certification of businesses previously certified by other qualifying local, state, or private sector certification programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				business certified by the department under this section shall be certified for
				a period of up to five years unless:
1. The
				certification is revoked by the department or the program issuing the original
				certification;
2. The business is
				no longer in business; or
3. The
				business is no longer eligible as a small, women-owned, or minority-owned
				business.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-150 - Procedures for initial certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any business that meets the criteria for
				certification may file an official application with the department.
B. The application will be reviewed initially
				for completeness. The department may conduct an onsite visit of the business to
				obtain or clarify any information. The onsite visit may be scheduled or
				unannounced.
C. The department may
				request the applicant to provide additional information or documentation to
				provide clarification and substantiation of certain criteria or to resolve any
				ambiguities or inconsistencies in an application.
D. The department may impose a time limit in
				which the applicant must provide the requested information. A reasonable
				extension may be given by the department for good cause shown by the applicant.
				Requests for time extensions must be made to the department in writing and
				should specify the length of time for which the extension is being requested
				and the reasons for the request. Failure to provide such information or
				documentation shall render the application administratively closed.
E. After reviewing the application, the
				department shall issue either a notice of certification or a notice of denial
				of certification stating the reasons for denial.
F. A business certified by the department
				under this section shall be certified for a period of five years unless (i) the
				certification is revoked before the end of the five-year period, (ii) the
				business is no longer in business, or (iii) the business is no longer eligible
				as a small, women-owned, or minority-owned business.
G. The applicant shall be responsible for
				notifying the department immediately of any change in legal structure,
				ownership, control, management, or status of the business within 30 calendar
				days of such change. Failure to do so may be grounds for revocation of
				certification.
H. It shall be the
				responsibility of the applicant, the certified business, or both to notify the
				department of any change of name, address, or contact information and to keep
				the department informed of the current address and contact information. Changes
				of name and address must be reported to the department in writing within 30
				calendar days of such change. Failure to do so within 30 calendar days of such
				change may be grounds for revocation of certification. The department shall not
				be liable or responsible if a certified business fails to receive notices,
				communications, or correspondence based upon the certified business's failure
				to notify the department of any change of address or to provide correct address
				and contact information.
Statutory Authority: §
											2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-155 - Procedures for initial certification of businesses certified under certain federal certification programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any business that has obtained
				certification as a small, women-owned, or minority-owned business from an
				agency of the United States government through a formal, regulatory
				certification process, other than a self-certification process, may receive the
				corresponding certification as a small, women-owned, or minority-owned business
				from the department by filing an application with the department.
B. The application will be reviewed initially
				for completeness. The application need not include additional paperwork beyond
				that necessary to (i) accurately identify the business name, type, location,
				and ownership; (ii) provide proof of the corresponding federal certification,
				including the duration of such certification; and (iii) provide contact
				information for the designated representative of the business.
C. After reviewing the application, the
				department shall issue either a notice of certification or a notice of denial
				of certification stating the reasons for denial.
D. A business certified by the department
				under this section shall be certified for a period of five years unless (i) the
				certification is revoked before the end of the five-year period, (ii) the
				business is no longer in business, or (iii) the corresponding federal
				certification of the business expires or is otherwise revoked or
				terminated.
E. The applicant shall
				be responsible for notifying the department immediately of any change in status
				of the business or its corresponding federal certification within 30 calendar
				days of such change. Failure to do so may be grounds for revocation of
				certification.
F. It shall be the
				responsibility of the applicant, the certified business, or both to notify the
				department of any change of name, address, or contact information and to keep
				the department informed of the current address and contact information. Changes
				of name and address must be reported to the department in writing within 30
				calendar days of such change. Failure to do so within 30 calendar days of such
				change may be grounds for revocation of certification. The department shall not
				be liable or responsible if a certified business fails to receive notices,
				communications, or correspondence based upon the certified business's failure
				to notify the department of any change of address or to provide correct address
				and contact information.
Statutory Authority: §
											2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-160 - Procedures for renewal of certification or recertification

Current through Register Vol. 40, No. 24, July 15, 2024
A. To maintain its
				certification status, a certified business must apply to renew its
				certification prior to the end of the five-year certification period using the
				forms and procedures specified by the department.
B. The certification of a business that fails
				to apply for renewal or recertification prior to the end of the five-year
				certification period shall terminate automatically on the expiration of the
				certification.
C. The department
				may, but in no event shall be required to, notify the business of the pending
				expiration of its certification prior to the certification
				expiration.
Statutory Authority: §
											2.2-1606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 7 - ECONOMIC DEVELOPMENT › Agency 13 - DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY › Chapter 20 - REGULATIONS TO GOVERN THE CERTIFICATION OF SMALL, WOMEN-OWNED, AND MINORITY-OWNED BUSINESSES › Section 7VAC13-20-170 - Department-initiated evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
The department may at its discretion evaluate any local,
				  state, private sector, or federal certification program to determine whether it
				  meets the minimum eligibility, ownership, and control requirements for
				  certification of small, women-owned, and minority-owned businesses as set forth
				  in this chapter.
Statutory Authority: § 2.2-1606 of the Code of
					 Virginia.