Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-094 - Assignment of North American Industrial Classification System (NAICS) code

Current through Register Vol. 24-14, July 15, 2024
The office must grant certification to a business only for
				specific types of work the disadvantaged owner(s) have the ability to control.
				To become certified in an additional type of work, the business needs to
				demonstrate its owner(s) are able to control the business with respect to that
				type of work. The office must not require the business to recertify or submit a
				new certification application but verify the disad-vantaged owner(s) control of
				the business in the additional type of work.
(1) The types of work a business can perform,
			 whether at initial certification or when a new type is added, must be described
			 in terms of the most specific available North American Industry Classification
			 System (NAICS) code for that type of work. In addition to applying the
			 appropriate NAICS code, the office may apply a descriptor from a classification
			 scheme of equivalent detail and specificity. A correct NAICS code is one
			 describing, as specifically as possible, the principle goods or services the
			 business would provide to the state. Multiple NAICS codes may be assigned when
			 appropriate. The office must rely on, and not depart from, the plain meaning of
			 NAICS code descriptions in determining the scope of a business's certification.
(2) Businesses and recipients must
			 check carefully to make sure the NAICS codes cited in a certification are
			 current and accurately reflect work the office has determined the business
			 owners can control. The business bears the burden of providing detailed company
			 information the office needs to make an appropriate NAICS code
			 designation.
(3) If a business
			 believes there is not a NAICS code that fully or clearly describes the type(s)
			 of work in which it is seeking to be certified, the business may request the
			 office, in its certification documentation, supplement the assigned NAICS
			 code(s) with a clear, specific, and detailed narrative description of the type
			 of work in which the business is certified. A vague, general, or confusing
			 description is not sufficient for this purpose, and recipients must not rely on
			 such a description in determining whether a business's participation can be
			 counted toward goals.
(4) The
			 office is not precluded from changing a certification classification or
			 description if there is a factual basis in the record. However, the office must
			 not make after-the-fact statements about the scope of a certification, not
			 supported by evidence in the record of the certification action.
Statutory Authority:
				  RCW
				   39.19.030. 04-08-075, §
										326-20-094, filed 4/5/04,
				  effective 5/6/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-094, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 88-09-047
				  (Order 88-5), §
										326-20-094, filed
				  4/18/88.