60A-9.0061. Recertification Review Procedures

(1) Applications for recertification shall be submitted using Form MBE 7501, Affidavit for Minority Business Enterprise Recertification, which is hereby incorporated by reference. The form may be obtained from the Office.

(2) The Office will notify the certified Minority Business Enterprise no later than sixty (60) days before the end of the recertification period. If the minority owner is unable to use the recertification affidavit because changes in the applicant business have occurred, the minority owner shall notify the Office in writing as instructed by Form MBE 7501. Recertification forms must be filed in the Office no later than the last effective date of the current certification period. Recertification forms received after the expiration of the certification period shall not be considered, unless the reason for the delay is accepted and approved by the office, at which time a one-time extension of time may be granted.

(3) Upon receipt, all recertification forms shall be given an initial screening to ensure appropriate signature and completeness. Within thirty (30) days following initial receipt of the applicant’s recertification form, the Office will request the applicant to furnish omitted or additional information. If the requested information or items are not received by the Office within thirty (30) days from the date of the request, the Office may close the file and remove the applicant from the certified Minority Business Enterprise directory. The applicant may request a reactivation of the file for recertification within six months of closure date, and shall at that time provide current, update information for the file, as well as any outstanding requested information. If the applicant makes a request to activate the file six months after closure, a new and complete application must be submitted.

(4) The on-site verification review may be conducted by the Office upon receipt and review of the recertification form. Failure to cooperate with the scheduling of the on-site review or during the on-site review may result in the denial of recertification.

(5) Recertification shall be granted when the applicant has complied with this rule and substantiates eligibility for Minority Business Enterprise status as set forth in Rules 60A-9.001 and 60A-9.005, F.A.C.

(6) Applicants deemed eligible shall receive a recertification letter stating the length of time for which the business is certified, the specialty areas of the business, the minority status categories in which the business is certified, and the business’ responsibilities as set out in Section 287.0943, F.S. Once recertified, an applicant shall remain certified for a period of one (1) year.

(7) Applicants determined ineligible shall receive a letter stating the basis for the denial of recertification and shall not be eligible to submit a new application for certification for six (6) months after the date of the notice of denial of recertification or, in the event a hearing is held, six (6) months after the Commission’s final agency order denying recertification is entered.

(8) If an application for recertification is timely submitted, a certified MBE shall remain certified until the Office has made a determination of eligibility.

(9) Applicant businesses failing to submit Form MBE 7501 as required by subsection (2) of this section, shall not be considered certified immediately subsequent to the anniversary date of the last certification. Applicant businesses shall receive written notification of the expiration of prior certification.

Rulemaking Authority 120.53, 287.09451(4)(m) FS. Law Implemented 287.09451, 288.703 FS. History–New 9-11-96, Formerly 38A-20.0061.