Section 9.311 - Certification Challenges(a) A person may challenge the eligibility of a firm certified or seeking to be certified as an SBE.(b) A challenge must be in writing, signed and dated by the challenger, and set forth the factual basis for the challenge.(c) After receiving a challenge, the department will determine if there is reason to believe, on the basis of the information provided by the challenger, that the firm is not eligible.(d) To the extent allowed by law, the department will keep the identity of a challenger confidential unless otherwise authorized by the challenger. The department will advise the challenger that if keeping the identity of the challenger confidential hinders the investigation, the investigation may be closed.(e) The department will review the challenged firm's record, any material provided by that firm and the challenger, and other available information. All parties to the challenge must cooperate with the review.(f) If the department determines that there is reasonable cause to believe that the challenged firm is ineligible, the department will provide a written notice to the firm proposing to find the firm ineligible, stating the reasons for the proposed determination, and offering the firm the opportunity to present information and arguments in writing. If the challenged firm fails to respond to the notice before the 15th working day after the date that the notice is sent, the certification is withdrawn or the application is denied, as appropriate.(g) If the department determines that there is not reasonable cause to believe that the challenged firm is ineligible, the department will notify the challenger in writing of the determination and the reason for it.43 Tex. Admin. Code § 9.311
The provisions of this §9.311 adopted to be effective September 1, 2012, 37 TexReg 5320