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Determinations adverse to DBE/WBE applicants or already certified firms must be accompanied by a notice of the decision and the reasons therefore, and provide an opportunity for an administrative review of that decision.

1. The responsibility of DBE/WBE participant certification, decertification, and recertification is assigned to the Office of Equal Opportunity.

2. If a firm is dissatisfied with the decision of the Office of Equal Opportunity to certify or decertify, the firm shall have the right to appeal that decision. The notification to appeal must be filed in writing with the Director of Construction/Appeals Hearing Board Chairperson of the Department of Transportation within 10 calendar days of written notice of the decision by the Office of Equal Opportunity. After a thorough review of the appeal, the Director of Construction/Appeals Hearing Board Chairperson or the appointed Appeal Hearing Board will issue the agency decision.

3. In accordance with Federal Regulations, any firm dissatisfied with the Department's decision to certify or decertify may file an appeal with the United States Department of Transportation within 90 days after the date of the Department's decision.

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   Authored by the Office of Construction, 404-656-5306

   Document History:

   • added to Manual of Guidance (as 3F-12): 09/28/93
   • added to TOPPS: 02/23/96
   • revised: 03/18/04
   • "...(designated representative)" changed to "...appointed appeal hearing board" in Number II: 01/25/07
   • reviewed: 01/16/08
   • Commissioner revised to Director of Construction/Appeals Hearing Board Chairperson paragraph 2: 04/30/08

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