Current through October 16, 2024
Section 25 IAC 5-3-3 - Certification standards regarding qualifying membership determinationAuthority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC 4-13.6-3-1
Affected: IC 4-13-1; IC 4-13.6; IC 5-22
Sec. 3.
(a) In determining whether an individual asserting that he or she is a member of a minority group (for MBE certification) or a woman (for WBE certification), the department shall consider all the facts in the record, viewed as a whole.(b) The department will rebuttably presume that a citizen of the United States who is a women or a member of a minority group is a qualifying member.(c) Being born in a country does not, by itself, suffice to make an individual a member of a minority group.(d) In a [sic.] making its determination regarding qualifying membership, the department may consider whether the person has historically held himself or herself out to be a qualifying member and whether the person is regarded as a qualifying member by the relevant community.(e) The department may request such additional documentation as it may reasonably need to support an individual's claim that he or she is a member of a minority group or a woman. Indiana Department of Administration; 25 IAC 5-3-3; filed May 30, 2003, 11:00 a.m.: 26 IR 3298; readopted filed Oct 6, 2009, 9:04 a.m.: 20091104-IR-025090572RFAReadopted filed 12/2/2015, 2:41 p.m.: 20151230-IR-025150342RFAReadopted filed 10/19/2021, 9:13 a.m.: 20211117-IR-025210389RFA