123:2-16-06 Decertification.

 

 

 

123:2-16-06                 Decertification and revocation.

 

 

 

(A)    The state equal employment opportunity coordinatordirector of the department of administrative services may decertify orshall revoke a certification or recertification issued pursuant to this chapter, if the coordinatordirector 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 an investigation and finding by the coordinatorequal opportunity division of the department of for any of the following reasons, including:

 

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

 

(2)     The fifty-one percent owner or owners of the EDGE certified business enterprise no longer determined by the coordinator to beis socially and/or economically disadvantaged;.

 

(3)     The fifty-one percent owner or owners 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 economically and socially disadvantaged fifty-one percent owner or owners of the EDGE certified business enterprise is no longer at least fifty-one per cent owned by a United States citizen or citzens or full-time resident or residents of the state of Ohio; residing in Ohio determined to be economically and socially disadvantaged.

 

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

 

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

 

(6)(7) DeterminationA 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 certified 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 coordinatorupon investigation, the director of the department of administrative services determines that an EDGE business enterprises' certification shall be revoked, the coordinatordirector shall issue a notice of intent to revoke the business's certification indicating the grounds for the proposed revocation and the procedure for requesting ahold an adjudication hearing on the proposed revocationmatter. The hearing shall be conducted in accordance with Chapter 119 of the Revised Code.

(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.

Effective:                                                             02/01/2016

Five Year Review (FYR) Dates:                         11/05/2015 and 11/20/2020

CERTIFIED ELECTRONICALLY

Certification

01/22/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           R.C. 123.152

Rule Amplifies:                                  R.C. 123.152

Prior Effective Dates:                         11/26/2004