§ 26.86 - Decision letters.

§ 26.86 What rules govern recipients' denials of initial requests for certification?

Cross Reference

Link to an amendment published at 89 FR 24976, Apr. 9, 2024.

Decision letters.

(a) When you deny a request by certifier denies a firm, which is not currently certified with you, to be certified as a DBE, you 's request for certification or decertifies the firm, the certifier must provide the firm a written explanation of NOD explaining the reasons for the denialadverse decision, specifically referencing the evidence in the record that supports each reason for the denial. All . A certifier must also include, verbatim, the instructions found on the Departmental Office of Civil Rights' web page, available at https://www.transportation.gov/dbeappeal.

(b) The certifier must promptly provide the applicant copies of all documents and other information on which it based the denial

is based must be made available to

if the applicant

, on request

requests them.

(

b) [Reserved]

(c) When a firm is denied certification, you The certifier must establish a time waiting period for reapplication of no more than twelve months that must elapse before the firm may reapply to the recipient for certification. You may provide, in your DBE program, subject to approval by the concerned operating administration, a shorter waiting period for reapplication. The time period for reapplication 12 months. That period begins to run on the day after the date the explanation required by paragraph (a) of this section is received by the firm. An applicant's appeal of your decision to the Department pursuant to § 26.89 does not extend this period.

(d) When you make an administratively final denial of certification concerning a firm, the firm may appeal the denial to the Department under § 26.89.

[64 FR 5126, Feb. 2, 1999. Redesignated and amended at 68 FR 35555, June 16, 2003; 79 FR 59598, Oct. 2, 2014

of the decision letter is emailed. After the waiting period expires, the denied firm may reapply to any member of the UCP that denied the application. The certifier must inform the applicant of that right, and specify the date the waiting period ends, in its decision letter.

(d) An appeal does not extend the waiting period.

[89 FR 24976, Apr. 9, 2024]