Section 1680-08-01-.06 - DECERTIFICATION(1) The Tennessee Department of Transportation may remove the DBE Certification of any contractor at any time when it is found that the contractor does not qualify as a DBE.(2) Written notice shall be sent from the Contract Compliance Office explaining why the contractor no longer meets the requirements of a DBE. The contractor shall have fifteen days (15) to respond to the deficiencies. If the contractor does not respond or if the contractor's explanation is not sufficient, then the contractor shall be advised by certified mail, return receipt requested, of the preliminary finding of ineligibility for retention of certification. Reasons shall be given for the preliminary finding.(3) The contractor shall then have fifteen days (15) 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.(4) Should the contractor not appeal within the fifteen day (15) period, then the preliminary finding of the Contract Compliance Office shall become the final decision of the Review Committee.(5) Final decisions of the Tennessee Department of Transportation D13E Review Committee may be appealed to the U.S. Department of Transportation, Office of the Secretary.Tenn. Comp. R. & Regs. 1680-08-01-.06
Original rule filed September 19, 1984; effective October 19, 1984. Amendment filed January 23, 1987; effective March 9, 1987, Amendment filed November 30, 1988; effective January 14, 1989.Authority:49 CFR Part 23; T.C.A. §§ 4-3-2303(2) and 54-1-124; Public Acts of 1984, Chapter737.