Section 1680-08-03-.03 - CONSTRUCTION MANAGEMENT DEVELOPMENT PROGRAM APPLICATION(1) All businesses seeking admission to the Construction Management Development Program shall complete and submit an Application for Construction Management Development Program (CMDP) and an Application for Small Business Certification to the Tennessee Department of Transportation/Civil Rights Office, Small Business Development Program, Suite 1800, James K. Polk Building, 505 Deaderick Street, Nashville, Tennessee 37243-0347 (See Rule 1680-8-3-.12 herein). The Department may request additional information, if needed, from the applicant.(2) The CMDP applicant may also request exemption from the classroom and on-the-job instruction (See Rule 1680-8-3-.09 herein).(3) Only those businesses that have been certified (as a Certified Small Business) by the Department as meeting the statutory criteria may be eligible to participate in the CMDP. A business meets the statutory criteria if the business is a certified disadvantaged business enterprise (DBE) as defined by 49 CFR Part 26. Also, a business meets the statutory criteria if the business satisfies all the requirements of a disadvantaged business enterprise (DBE) as defined by 49 CFR Part 26 other than the requirement that the business is owned by socially and economically disadvantaged individuals as defined in 49 CFR Part 26.5.(4) The Small Business Development Program Office shall make a preliminary finding as to the eligibility of each applicant.(5) Preliminary findings shall be subject to approval of the Tennessee Department of Transportation Small Business Development Review Committee, which shall render the final Department decision in each case.(6) The Small Business Development Program Office shall advise each applicant whom, in its opinion, is ineligible for certification of its preliminary finding by certified mail, return receipt requested. Reasons shall be given as to why admission cannot be granted.(7) The applicant shall then have fifteen (15) days after receipt of notice to request in writing an appeal to the Tennessee Department of Transportation Small Business Development Review Committee, which may reverse or uphold the Small Business Development Program Office's preliminary finding in its final decision.(8) Should the applicant not appeal within the fifteen (15)-day period, then the preliminary finding of the Small Business Development Program Office shall become the final decision of the Tennessee Department of Transportation Small Business Development Review Committee.Tenn. Comp. R. & Regs. 1680-08-03-.03
Original rule filed June 15, 2005; effective August 29, 2005.Authority: T.C.A. § 4-3-2305.