Section 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 percent 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 percent 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 percent eligible owner(s) of the certified business no longer control, operate, or participate in the certified business;(4) the at least fifty-one percent 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 percent 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 percent eligible owner(s) is determined to no longer be economically and/or socially disadvantaged;(10) the at least fifty-one percent 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 percent 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 percent 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 nonprofit; state residency changes of the at least fifty-one percent 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 percent 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.Ohio Admin. Code 123:2-14-07
Effective: 10/9/2020
Five Year Review (FYR) Dates: 10/09/2025
Promulgated Under: 119.03
Statutory Authority: R.C. 123.151, 123.152, 123.154
Rule Amplifies: R.C. 122.71(E), R.C. 123.151, 123.152, 123.154