123:2-16-06 Decertification.

(A) The director of the department of administrative services shall revoke a certification or recertification issued pursuant to this chapter, if the director determines that a certified EDGE business enterprise does not meet the participation criteria set forth in this chapter. The revocation may be the result of an investigation and finding by the equal opportunity division of the department of any of the following:

(1) The owner of the EDGE certified business enterprise intentionally misrepresented material facts in the application or recertification process.

(2) The owner of the EDGE certified business enterprise no longer is socially or economically disadvantaged.

(3) The owner of the EDGE certified business enterprise, at the time of certification or thereafter, no longer controls, operates or participates in the business as set forth in this chapter.

(4) The EDGE certified business enterprise is no longer at least fifty-one per cent owned by a United States citizen residing in Ohio determined to be economically and socially disadvantaged.

(5) The EDGE certified business enterprise is no longer a for-profit entity.

(6) A determination that revocation of certification is in the best interest of the state, Such reasons include, but are not limited to, legal findings of business fraud, business debarment by the federal government, debarment by Ohio or any other state or a determination that an EDGE certified business enterprise inappropriately transferred, assigned, or subcontracted work to a non-EDGE certified business enterprise.

(B) If upon investigation, the director of the department of administrative services determines that an EDGE certification shall be revoked, the director shall hold an adjudication hearing on the matter.

(C) The director of administrative services shall notify the owner in writing of the decision reached resulting from the adjudication hearing held pursuant to this rule. The notification shall be made within thirty days from the date of the adjudication hearing.

(D) An owner of the business adversely affected by an adjudication order issued pursuant to this rule, shall have a right to appeal pursuant to section 119.12 of the Revised Code.

Eff 11-26-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 123.152
Rule amplifies: RC 123.152
R.C. 119.032 review dates: 11/26/2009