Section 1680-08-01-.07 - THIRD PARTY CHALLENGES(1) Any third party may challenge the socially and economically disadvantaged status of any individual (except an individual who has a current 8 (a) certification from the Small Business Administration) presumed to be socially and economically disadvantaged if that individual is an owner of a firm certified by or seeking certification as a disadvantaged business.(2) The challenge shall be made in writing to the Contract Compliance Office of the Tennessee Department of Transportation in Nashville, Tennessee. It shall include all information available to the challenging party relevant to a determination of whether the challenged party is in fact socially and economically disadvantaged.(3) The Contract Compliance Office shall make a proposed determination on the basis of the information provided by the challenging party, whether there is reason to believe that the challenged party is in fact not socially and economically disadvantaged. The Contract Compliance Office shall notify both parties of this proposed determination in writing, setting forth the reasons for its proposal.(4) The challenging party shall then have fifteen (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 proposed determination of the Contract Compliance Office in its final decision. Should there be no appeal within the fifteen (15) day period, then the proposed determination of the Contract Compliance Office shall become the final decision of the Review Committee. During the pendancy of a challenge, the presumption that the challenged party is a socially and economically disadvantaged individual shall remain in effect.(5) If the Contract Compliance Office determines that there is reason to believe that the challenged party is not socially and economically disadvantaged, the Contract Compliance Office shall require the challenged party to provide within a reasonable time, information sufficient to permit the Contract Compliance Office to evaluate his or her status as a socially and economically disadvantaged individual.(6) The Contract Compliance Office shall evaluate the information available to it and make a proposed determination of the social and economic disadvantage of the challenged party. The Contract Compliance Office shall notify both parties of this proposed determination in writing, setting forth the reasons for its proposal.(7) Both the challenging party and the challenged party shall then have fifteen (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 proposed determination in its final decision, Should there be no appeal within the fifteen (15) day period, then the proposed determination of the contract Compliance Office shall become the final decision of the Review Committee. During the pendancy of a challenge, economically disadvantaged individual shall remain in effect.(8) 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, pursuant to 49 CFR Part 23.Tenn. Comp. R. & Regs. 1680-08-01-.07
New rule filed January 23, 1987; effective March 9, 1987. (For history prior to March, 1987 see history for T.C.A. § 1680-8-1-.08), Amendment filed November 30, 1988; effective January 14, 1989.Authority:49 CFR Part 23; T.C.A. § 4-3-2303(2) and T.C.A. 54-1-124.