Section 1680-08-04-.04 - REVOCATION(1) The Department's acceptance of a Certified Small Business in the BGP may be revoked if the Department finds the business no longer meets the requirements of a Certified Small Business.(2) A Certified Small Business's participation in the BGP may be revoked if the Department finds the business no longer meets the requirements set forth in Rule 1680-8-4-.03(4)(a)(1) herein.(3) A business's participation in the BGP may be revoked if the Department finds the business willfully made a false, deceptive, or fraudulent statement in any document submitted to the Department.(4) Prior to revoking a Certified Small Business's participation in the BGP, written notice shall be sent from the Small Business Development Program Office explaining why the Department's acceptance of the Certified Small Business in the BGP shall be revoked. The Certified Small Business shall have fifteen (15) days to respond to the deficiencies. If the Certified Small Business does not respond or if the Certified Small Business's explanation is not sufficient, then the Certified Small Business shall be advised by certified mail, return receipt requested, of the preliminary finding of ineligibility for retention of participation in the BGP. Reasons shall be given for the preliminary finding.(5) The Certified Small Business shall then have fifteen (15) days after receipt of notice to submit a written 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.(6) Should the Certified Small Business 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.(7) No application fee or registration fee shall be refunded upon revocation.Tenn. Comp. R. & Regs. 1680-08-04-.04
Original rule filed June 15, 2005; effective August 29, 2005.Authority: T.C.A. § 4-3-2305.