Section 25 IAC 5-4-2 - Review of determinations by the department regarding certification as an MBE or a WBEAuthority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC 4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 4-21.5-3-5; IC 5-22
Sec. 2.
(a) An enterprise:(1) whose application for certification as an MBE or a WBE has been denied; or(2) to which the department has issued an order to show cause why its MBE or WBE certification should not be revoked; shall be given notice of such action and shall be entitled to petition for review under the Indiana Administrative Orders and Procedures Act, IC 4-21.5, et seq.(b) The administrative law judge or judges appointed to hear any matter arising under this rule shall have had no prior involvement in the review or preliminary determination of the matter heard.(c) The ultimate authority under this article is the commission.(d) When an enterprise is denied certification, it cannot reapply for certification for twelve (12) months. The time period for reapplication begins to run at the time the enterprise's administrative and judicial remedies are exhausted. Indiana Department of Administration; 25 IAC 5-4-2; filed May 30, 2003, 11:00 a.m.: 26 IR 3306; filed Sep 16, 2005, 8:50 a.m.: 29 IR 455; readopted filed Oct 6, 2009, 9:04 a.m.: 20091104-IR-025090572RFAReadopted filed 12/2/2015, 2:41 p.m.: 20151230-IR-025150342RFAReadopted filed 10/19/2021, 9:13 a.m.: 20211117-IR-025210389RFA