Section 25 IAC 9-6-3 - Control determinationsAuthority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 3.
(a) In determining whether qualifying members control an enterprise, the department will consider all the facts in the record, viewed as a whole.(b) Only an independent business may be certified. An independent business is one, the viability of which does not depend on its relationship with another enterprise or enterprises.(c) An IVOSB must not be subject to any formal restrictions, including, but not limited to, corporate charters, bylaws, or contracts; or informal restrictions that limit the customary discretion of the qualifying members.(d) The qualifying members must possess the power to direct or cause the direction of the management and policies of the enterprise and possess the power to make day-to-day as well as long term decisions on matters of management, policy, and operations.(e) The qualifying members of the enterprise may delegate various areas of the management, policymaking, or daily operations to other participants in the enterprise, regardless of whether these participants are qualifying members. Such delegations of authority must be revocable, and the qualifying members must retain the power to hire and terminate any person to whom the authority is delegated. The managerial role of the qualifying members in the enterprise's overall affairs must be such that the department can reasonably conclude that the qualifying members actually exercise control over the enterprise's operations, management, and policy. Indiana Department of Administration; 25 IAC 9-6-3; filed 6/6/2017, 12:34 p.m.: 20170705-IR-025160265FRAErrata filed 5/18/2020, 9:29 a.m.: 20200603-IR-025200281ACAReadopted filed 10/20/2020, 1:55 p.m.: 20201118-IR-025200463RFA