Section 1680-08-01-.03 - CERTIFICATION PROCEDURES(1) A business applying for certification as a DBE must submit a disclosure affidavit (See Rule 1680-8-1-.09 herein) to the Contract Compliance Office. The division may request additional information, if needed, from the applicant.(2) The Contract Compliance Office shall make a preliminary finding as to the eligibility of each applicant.(3) Preliminary findings shall be subject to approval of the Tennessee Department of Transportation DBE Review Committee which shall render the final departmental decision in each case,(4) The Contract Compliance Office shall advise each applicant who, in its opinion, is ineligible for certification of its preliminary finding by certified mail, return receipt requested. Reasons shall be given as to why certification cannot be granted.(5) The applicant shall then have 15 days after receipt of notice to request in writing an appeal to the Tennessee Department of Transportation DBE Review Committee which may reverse or uphold the Contract Compliance Office preliminary finding in its final decision.(6) Should the applicant not appeal within the 15 day period, then the preliminary finding of the Contract Compliance Office shall become the final decision of the Review Committee.(7) Final decisions of the Tennessee Department of Transportation DBE Review Committee may be appealed to the U.S. Department of Transportation, Office of the Secretary.Tenn. Comp. R. & Regs. 1680-08-01-.03
Original rule filed September 19, 1984; effective October 19, 1984. Amendment filed January 23, 1987; effective March 9, 1987. Amendments filed November 30, 1988; effective January 14, 1989.Authority: T.C.A. §§ 4-3-2303(2) and 54-7-124; 49 CFR Part 23; Public Acts of 1984, Chapter 737.