123:2-16-06 Decertification and revocation.

(A) The state equal employment opportunity coordinator may decertify or revoke a certification or recertification issued pursuant to this chapter, if the coordinator determines that a certified EDGE business enterprise does not meet the participation criteria set forth in this chapter. The decertification or revocation may be the result of a finding by the coordinator for any of the following reasons, including:

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

(2) The fifty-one per cent owner or owners of the EDGE business enterprise no longer determined by the coordinator to be socially and/or economically disadvantaged;

(3) The fifty-one per cent owner or owners of the EDGE 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 economically and socially disadvantaged fifty-one per cent owner or owners of the EDGE business enterprise is no longer a United States citizen or citzens or full-time resident or residents of the state of Ohio;

(5) The EDGE business enterprise is no longer determined to be economically and or socially disadvantaged;

(6) The EDGE business enterprise is no longer a for-profit entity;

(7) Determination that decertification or revocation of EDGE business enterprise's 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 the state of Ohio, any of its political subdivisions or any other state, or a determination that an EDGE business enterprise inappropriately transferred, assigned, or subcontracted work to a non-EDGE certified business enterprise;

(8) If the actions of the EDGE business enterprise or its business owner or owners result in a criminal conviction of the business or any of its owners, the coordinator may decertify or revoke the certification of the EDGE business enterprise.

(B) If the coordinator determines that an EDGE business enterprises' certification shall be revoked, the coordinator shall issue a notice of intent to revoke the business's certification indicating the grounds for the proposed revocation and the procedure for requesting a hearing on the proposed revocation. The hearing shall be conducted in accordance with Chapter 119. of the Revised Code.

Effective: 2/1/2016
Five Year Review (FYR) Dates: 11/05/2015 and 11/20/2020
Promulgated Under: 119.03
Statutory Authority: R.C. 123.152
Rule Amplifies: R.C. 123.152
Prior Effective Dates: 11/26/2004