123:2-16-05 Recertification.

(A) Except those EDGE business enterprises that received certification under rule 123:2-16-04 of the Administrative Code, an EDGE business enterprise must apply for recertification in the EDGE business development program before the expiration of the EDGE business enterprise's current certification expiration date to maintain continuous certification in the EDGE program.

(B) EOD shall notify each EDGE business enterprise of the requirements and procedures for recertification. The notification shall be made at sixty and thirty-days prior to the business's current certification expiration date. If an EDGE business enterprise does not request recertification prior to the EDGE business enterprise's current certification expiration date, the EDGE business enterprise will be required to submit a new unified application along with all current required supporting documentation to be considered for certification into the EDGE program.

If an EDGE business enterprise does not request recertification prior to the EDGE business enterprise's current certification's expiration date, EOD may grant the EDGE business enterprise a grace period (maximum of six months from the EDGE business enterprise's last certification date and upon request by the EDGE business enterprise's fifty-one per cent owner or owners) to request recertification without requiring submission of a new unified application and all new required supporting documentation. Failure of EOD to notify the EDGE business enterprise of its recertification expiration date in advance is not a sufficient reason for failing to apply in a timely manner for recertification.

(C) All EDGE business enterprises shall maintain current contact information including (e.g. telephone numbers, physical business address, and e-mail address) with EOD.

(D) All EDGE business enterprises shall notify EOD in writing (letter or email) of any change in circumstances affecting the business or the fifty-one per cent owner or owners ability to meet size and disadvantage status, ownership, independence or control requirements or any material change in the information provided in its application form, including changes in management responsibility among members of the EDGE business enterprise. The EDGE business enterprise shall submit changes to EOD within thirty days of the occurrence of the change. Failure to maintain certification criteria as stated in rules 123:2-16-01, 123:2-16-02, 123:2-16-03, and 123:2-16-14 of the Administrative Code shall be cause for decertification or revocation of the EDGE business enterprise's certification.

(E) An EDGE business enterprise seeking recertification in the EDGE program must submit the recertification request on a form provided by EOD, and in a manner prescribed by EOD. The applicant must demonstrate to EOD that the fifty-one per cent owner or owners and the business continue to qualify for certification. EOD shall use the criteria set forth in rules 123:2-16-01, 123:2-16-02, 123:2-16-03, and 123:2-16-14 of the Administrative Code and this chapter to determine whether recertification is warranted.

(F) If EOD determines that the EDGE business enterprise or the fifty-one per centowner or owners no longer meet the criteria set forth in this chapter, EODshall notify the applicant of the decision. EOD shall notify the applicant by certified mail, return receipt requested, and the notification shall include information detailing the applicant's appeal rights as set forth in Chapter 119. of the Revised Code.

(G) EOD shall have the right to conduct on-site inspections at any location of an EDGE business enterprise seeking recertification. EOD shall have a right to request and access any pertinent personal and business records or information EOD deems necessary to evaluate a recertification application. EOD shall provide appropriate notice.

(H) History of failure to perform a commercially useful function will be considered during the recertification process; however, it may not necessarily be the sole factor.

(I) The maximum amount of time a business or business owner may participate in the EDGE program as a certified business is ten years.

(J) The state equal employment opportunity coordinator may determine the length of the EDGE certification issued pursuant to this rule, however, no certification shall exceed two-years from the date of certification, provided that the EDGE business enterprise remains in compliance and is not decertified pursuant to rule 123:2-16-06 of the Administrative 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