Rule 123:2-14-07 | Revocation.
(A) The coordinator may revoke an MBE, EDGE, or WBE certification if the coordinator determines that a certified business and/or its at least fifty-one per cent eligible owner(s) do not meet the criteria set forth in this chapter. The revocation may be the result of a finding by the coordinator that includes, but is not limited to, any of the following:
(1) The at least fifty-one per cent eligible owner(s) of the certified business intentionally misrepresented or omitted material facts on its application including documents and interview statements;
(2) The certified business is determined by the coordinator to no longer be owned by individual(s) meeting program eligibility requirements;
(3) The at least fifty-one per cent eligible owner(s) of the certified business no longer control, operate, or participate in the certified business;
(4) The at least fifty-one per cent eligible owner(s) of the certified business is no longer a United States of America citizen(s), or full-time resident(s) of the state of Ohio or the reciprocal state for the WBE program only;
(5) The certified business is no longer a for-profit entity;
(6) Continued certification of the certified business is not in the best interest of the state of Ohio. Such reasons include (but are not limited to) the following:
(a) Debarment of the certified business and/or owner(s) by the federal government, state of Ohio, local government, political subdivision, or any other governmental entity;
(b) A determination that the certified business inappropriately transferred, assigned, or subcontracted work to a non-certified business; or
(c) The actions of the certified business or any of its owner(s) results in a judgement against the business or any of its owner(s).
(7) The coordinator determines that the at least fifty-one per cent eligible owner(s) or the certified business does not perform a commercially useful function;
(8) The certified business and/or owner(s) do not remain in compliance with all criteria set forth in this chapter during the entire certification period;
(9) The EDGE business enterprise or its fifty-one per cent eligible owner(s) is determined to no longer be economically and/or socially disadvantaged;
(10) The at least fifty-one per cent eligible owner(s) of the certified business did not notify the Ohio department of administrative services, equal opportunity division (DAS/EOD) in writing (letter or email) of a change in the circumstances affecting the at least fifty-one per cent eligible owner(s) or the certified business's ability to meet ownership, independence, control, or economic size (for an EDGE-certified business) requirements, or a change in the information provided in its application for certification into the program;
(11) The at least fifty-one per cent eligible owner(s) of the certified business did not notify DAS/EOD in writing (letter or email) when a material change occurs in the business structure. Examples include the following (but not limited to) limited liability company changes to corporation; change from for profit to non-profit; state residency changes of the at least fifty-one per cent eligible business owner(s); change in contributions of capital; change in control or ownership; change in articles, by-laws, partnership agreement; or change in joint venture agreement; or
(12) The at least fifty-one per cent eligible owner(s) of the certified business did not produce information or documents required by laws, rules, regulations, or documents or information requested by DAS/EOD.
(B) When an MBE, EDGE, or WBE-certified business's certification is revoked, the business and the owner(s) are not eligible to apply for certification for a period of up to two years, the actual term of which will be determined by the coordinator and will take effect as of the date of the adjudication order. A certified business that has been both revoked and debarred is not eligible to apply for certification until the completion of the period of debarment.
Last updated April 15, 2024 at 12:04 PM
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