Common use of For Removal of Eligibility Clause in Contracts

For Removal of Eligibility. In circumstances where a certified firm, or a new applicant firm, has submitted a personal net worth statement that shows that an individual’s personal net worth exceeds $1.32 million there will be no administrative re-consideration of the decision to decertify the firm. In circumstances where a certified firm fails to cooperate fully and promptly as required in 49 CFR Part 26 its certification will be removed pursuant to 49 CFR 26.87. The MRCC will hold an administrative hearing to determine removal of eligibility. The MRCC decisions are appealable to the USDOT. A firm may be removed from the group hearings if the required information is submitted to the certifying agency a week prior to the scheduled hearing date. Pursuant to 49 CFR Part 26, when a Certifying Partner makes a preliminary determination to remove the eligibility of a firm currently certified, the Certifying Partner will provide the firm a written explanation of the reasons for the preliminary decision specifically referencing the evidence in the record that supports the decision. The denying Certifying Partner has the burden to show, by a preponderance of the evidence, that the firm does not meet the eligibility requirements set forth in 49 CFR Part 26. These procedures for removal of eligibility also apply to a firm which exceeds business size standards, as determined by the Certifying Partner. The denying Certifying Partner will not base a decision to remove eligibility on a reinterpretation or changed opinion of information available to the Certifying Partner at the time of its certification of the firm. The Certifying Partner will base such decision only on one or more of the following: o Changes in the firm's circumstances since the certification o Information or evidence not available at the time of certification o Information that was concealed or misrepresented by the firm in previous certification actions o Change in the certification standards or requirements of USDOT since the firm was certified o A documented finding that the agency’s determination to certify the firm was factually erroneous o Violation of any provision of 49 CFR Part 26 that specifically authorizes removal of eligibility The Certifying Partner will provide the firm written notice of the decision and the reasons, including specific references to the evidence in the record that supports the decision. The notice will be sent through mail, email with a return receipt, and inform the firm of the consequences of the Certifying Partner’s decision and of the availability of an appeal to the MRCC. The firm must exhaust all administrative avenues at the local level prior to appeal to the USDOT. Therefore, if the firm chooses to appeal to the MRCC it maintains the right to appeal to the USDOT; however, if the firm chooses not to appeal to the MRCC, it cannot appeal to the USDOT. The hearing will be an open hearing, and you may appear in person at that time; however, you are not required to do so. You must notify the MRCC by 12:00 p.m. fifteen

For Removal of Eligibility. In circumstances where a certified firm, or a new applicant firm, has submitted a personal net worth statement that shows that an individual’s personal net worth exceeds $1.32 million there will be no administrative re-consideration of the decision to decertify the firm. In circumstances where a certified firm fails to cooperate fully and promptly as required in 49 CFR Part 26 its certification will be removed pursuant to 49 CFR 26.87. The MRCC will hold an administrative hearing to determine removal of eligibility. The MRCC decisions are appealable to the USDOT. A firm may be removed from the group hearings if the required information is submitted to the certifying agency a week prior to the scheduled hearing date. Pursuant to 49 CFR Part 26, when a Certifying Partner makes a preliminary determination to remove the eligibility of a firm currently certified, the Certifying Partner will provide the firm a written explanation of the reasons for the preliminary decision specifically referencing the evidence in the record that supports the decision. The denying Certifying Partner has the burden to show, by a preponderance of the evidence, that the firm does not meet the eligibility requirements set forth in 49 CFR Part 26. These procedures for removal of eligibility also apply to a firm which exceeds business size standards, as determined by the Certifying Partner. The denying Certifying Partner will not base a decision to remove eligibility on a reinterpretation or changed opinion of information available to the Certifying Partner at the time of its certification of the firm. The Certifying Partner will base such decision only on one or more of the following: o Changes in the firm's circumstances since the certification o Information or evidence not available at the time of certification o Information that was concealed or misrepresented by the firm in previous certification actions o Change in the certification standards or requirements of USDOT since the firm was certified o A documented finding that the agency’s determination to certify the firm was factually erroneous o Violation of any provision of 49 CFR Part 26 that specifically authorizes removal of eligibility The Certifying Partner will provide the firm written notice of the decision and the reasons, including specific references to the evidence in the record that supports the decision. The notice will be sent through mail, email with a return receipt, and inform the firm of the consequences of the Certifying Partner’s decision and of the availability of an appeal to the MRCC. The A firm must exhaust all administrative avenues at the local level prior to appeal to the USDOT. Therefore, if the firm chooses to appeal to the MRCC it maintains the right to appeal to the USDOT; however, if the firm chooses is not required to appeal to the MRCC, it cannot . The firm can appeal directly to the USDOT. The If the firm requests a hearing with the MRCC, the hearing will be an open hearing, and you the firm may appear in person at that time; however, you are the firm is not required to do so. You The firms must notify the MRCC by 12:00 p.m. fifteenfifteen (15) calendar days prior to the hearing if you intend to appear in person and/or with legal counsel at the hearing. In the event the firm is not able to attend the hearing you will be allowed one continuance. Additional continuances may be approved by the MRCC Committee. Legal counsel may accompany, assist, and ask clarifying questions on behalf of the controlling owner during the MRCC hearing; however, the controlling owner shall be prepared to speak on behalf of the firm, respond to questions or otherwise make a presentation. The controlling owner will be limited to a period of forty-five (45) minutes to address the MRCC. Reasonable accommodations will be made for those with disabilities with 48 hour notice to the MRCC. The controlling owner has the option to submit supporting documentation or other information for the hearing committee to review. All documentation to be considered by the MRCC must be submitted no later than fifteen (15) calendar days prior to the hearing date. The MRCC will review all information submitted pertaining to the decertification, including the firm’s file and any supporting evidence submitted by the DBE firm. A majority vote of the MRCC will determine the firm’s continued eligibility as a DBE under the federal regulations. In the event of a tie vote, upon the conclusion of the presentation and deliberation of the evidence, the member representative serving as the hearing officer shall cast the first vote. Other member representative’s votes shall follow. In the event of a tie vote, the vote of the hearing officers shall carry and be deemed the Committee’s decision. In the event of a tie vote, in which the hearing officer has abstained, the Committee shall continue deliberating until a decision can be reached by simple majority. If the Committee remains deadlocked on the third business day after the first tie vote, the agency’s initial decision to decertify shall be denied and the firm will remain certified. A written decision by the MRCC setting forth the grounds and reasoning for the decision will be mailed to the firm within a reasonable time from the date the MRCC considered the appeal. The Decertifying Partner will enter the decertification into the USDOT’s Office of Civil Rights’ Ineligibility online database. When a firm is decertified, it is required to wait one (1) year before it may reapply for DBE certification with the MRCC Certifying Partner of record (agency of record). The time period for reapplication begins to run on the date the explanation for decertification is mailed to the applicant firm. A firm remains an eligible DBE during an appeal to the MRCC. If the MRCC makes a final decision to remove the firm’s eligibility, that firm is no longer eligible as a DBE firm. The effective date of the MRCC’s decision, or expiration of the time period to appeal to the MRCC, is the date the firm’s eligibility is removed. The Certifying Partner will enter the denial into the USDOT’s Office of Civil Rights’ Ineligibility online database. The firm must submit a written request for appeal to the decertifying Partner within 15 days of the preliminary decision. The letter must specify whether the firm wishes to appeal in writing or appear personally before the MRCC and if they intend to be accompanied by counsel. The MRCC will notify the appellant of the date of the next available MRCC hearing date and the deadline for submission of supporting documentation. Any firm requesting an appeal must submit all supporting documentation to be considered by the MRCC no later than (15) calendar days prior to the scheduled MRCC hearing date. No appeal will be considered unless included on the agenda for the meeting and all agenda items must be finalized 30 days prior to the meeting. The MRCC will consider written submissions by the applicant firm, including but not limited to, the certification application, the original denial letter, file memoranda prepared by the Certifying Partner, the appeal letter and any other relevant documentation. The information or documentation submitted is limited to the issues raised in the denial letter. No new or additional documentation or information shall be considered by the MRCC without a showing by the appellant that it was not available or, through due diligence, could not have been made available. The decision by MRCC is final and no further appeals will be heard by the MRCC. The firm may appeal the decision of the MRCC to the Office of the Secretary of Transportation, U.S. Department of Transportation, Office of Civil Rights. If you want to file an appeal, you must email the Department at XXXXxxxxxx@xxx.xxx within 90 days of the date of this decision, including all information and setting forth a full and specific statement as to why this decision is erroneous, what significant facts that you believe we did not consider, or what provisions of the DBE Regulation you think we misapplied. USDOT does not accept notices of intent, partial, or otherwise non-compliant submissions. Please include a copy of the letter and your contact information when you file your appeal.

For Removal of Eligibility. In circumstances where a certified firm, or a new applicant firm, has submitted a personal net worth statement that shows that an individual’s personal net worth exceeds $1.32 million the statutory requirement there will be no administrative re-consideration of the decision to decertify the firm. In circumstances where a certified firm fails to cooperate fully and promptly as required in 49 CFR Part §26 its certification will be removed pursuant to 49 CFR §26.87. The MRCC will hold an administrative hearing to determine removal of eligibility. The MRCC decisions are appealable to the USDOT. A firm may be removed from the group hearings if the required information is submitted to the certifying agency a week prior to the scheduled hearing date. Pursuant to 49 CFR Part §26, when a Certifying Partner makes a preliminary determination to remove the eligibility of a firm currently certified, the Certifying Partner will provide the firm a written explanation of the reasons for the preliminary decision specifically referencing the evidence in the record that supports the decision. The denying Certifying Partner has the burden to show, by a preponderance of the evidence, that the firm does not meet the eligibility requirements set forth in 49 CFR Part §26. These procedures for removal of eligibility also apply to a firm which exceeds business size standards, as determined by the Certifying Partner. The denying Certifying Partner will not base a decision to remove eligibility on a reinterpretation or changed opinion of information available to the Certifying Partner at the time of its certification of the firm. The Certifying Partner will base such decision only on one or more of the following: o Changes in the firm's circumstances since the certification certification. o Information or evidence not available at the time of certification certification. o Information that was concealed or misrepresented by the firm in previous certification actions actions. o Change in the certification standards or requirements of USDOT since the firm was certified o A documented finding that the agency’s determination to certify the firm was factually erroneous o Violation of any provision of 49 CFR Part 26 that specifically authorizes removal of eligibility The Certifying Partner will provide the firm written notice of the decision and the reasons, including specific references to the evidence in the record that supports the decision. The notice will be sent through mail, email with a return receipt, and inform the firm of the consequences of the Certifying Partner’s decision and of the availability of an appeal to the MRCC. The firm must exhaust all administrative avenues at the local level prior to appeal to the USDOT. Therefore, if the firm chooses to appeal to the MRCC it maintains the right to appeal to the USDOT; however, if the firm chooses not to appeal to the MRCC, it cannot appeal to the USDOT. The hearing will be an open hearing, and you may appear in person at that time; however, you are not required to do so. You must notify the MRCC by 12:00 p.m. fifteencertified.

For Removal of Eligibility. In circumstances where a certified firm, or a new applicant firm, has submitted a personal net worth statement that shows that an individual’s personal net worth exceeds $1.32 million there will be no administrative re-consideration of the decision to decertify the firm. In circumstances where a certified firm fails to cooperate fully and promptly as required in 49 CFR Part 26 its certification will be removed pursuant to 49 CFR 26.87. The MRCC will hold an administrative hearing to determine removal of eligibility. The MRCC decisions are appealable to the USDOT. A firm may be removed from the group hearings if the required information is submitted to the certifying agency a week prior to the scheduled hearing date. Pursuant to 49 CFR Part 26, when a Certifying Partner makes a preliminary determination to remove the eligibility of a firm currently certified, the Certifying Partner will provide the firm a written explanation of the reasons for the preliminary decision specifically referencing the evidence in the record that supports the decision. The denying Certifying Partner has the burden to show, by a preponderance of the evidence, that the firm does not meet the eligibility requirements set forth in 49 CFR Part 26. These procedures for removal of eligibility also apply to a firm which exceeds business size standards, as determined by the Certifying Partner. The denying Certifying Partner will not base a decision to remove eligibility on a reinterpretation or changed opinion of information available to the Certifying Partner at the time of its certification of the firm. The Certifying Partner will base such decision only on one or more of the following: o Changes in the firm's circumstances since the certification o Information or evidence not available at the time of certification o Information that was concealed or misrepresented by the firm in previous certification actions o Change in the certification standards or requirements of USDOT since the firm was certified o A documented finding that the agency’s determination to certify the firm was factually erroneous o Violation of any provision of 49 CFR Part 26 that specifically authorizes removal of eligibility The Certifying Partner will provide the firm written notice of the decision and the reasons, including specific references to the evidence in the record that supports the decision. The notice will be sent through mail, email with a return receipt, and inform the firm of the consequences of the Certifying Partner’s decision and of the availability of an appeal to the MRCC. The firm must exhaust all administrative avenues at the local level prior to appeal to the USDOT. Therefore, if the firm chooses to appeal to the MRCC it maintains the right to appeal to the USDOT; , however, if the firm chooses not to appeal to the MRCC, it cannot appeal to the USDOT. The hearing Legal counsel may accompany the firm during the MRCC hearing, however the controlling owner shall be prepared to speak on behalf of the firm, respond to questions or otherwise make a presentation. Reasonable accommodations will be an open hearingmade for those with disabilities with 48 hour notice to the MRCC. A written decision by the MRCC setting forth the grounds and reasoning for the decision will be mailed to the applicant firm within a reasonable time from the date the MRCC considered the appeal. The Decertifying Partner will enter the decertification into the USDOT’s Office of Civil Rights’ Ineligibility online database. When a firm is decertified, and you may appear in person at that time; however, you are not it is required to do sowait one (1) year before it may reapply for DBE certification with the MRCC Certifying Partner of record (agency of record). You The time period for reapplication begins to run on the date the explanation for decertification is mailed to the applicant firm. A firm remains an eligible DBE during an appeal to the MRCC. If the MRCC makes a final decision to remove the firm’s eligibility, that firm is no longer eligible as a DBE firm. The effective date of the MRCC’s decision, or expiration of the time period to appeal to the MRCC, is the date the firm’s eligibility is removed. The Certifying Partner will enter the denial into the USDOT’s Office of Civil Rights’ Ineligibility online database. The firm must submit a written request for appeal to the decertifying Partner within 15 days of the preliminary decision. The letter must specify whether the firm wishes to appeal in writing or appear personally before the MRCC and if they intend to be accompanied by counsel. The MRCC will notify the appellant of the date of the next available MRCC hearing date and the deadline for submission of supporting documentation. Any firm requesting an appeal must submit all supporting documentation to be considered by 12:00 p.m. fifteenthe MRCC no later than 45 days prior to the scheduled MRCC hearing date. No appeal will be considered unless included on the agenda for the meeting and all agenda items must be finalized 30 days prior to the meeting. The MRCC will consider written submissions by the applicant firm, including but not limited to, the certification application, the original denial letter, file memoranda prepared by the Certifying Partner, the appeal letter and any other relevant documentation. The information or documentation submitted is limited to the issues raised in the denial letter. No new or additional documentation or information shall be considered by the MRCC without a showing by the appellant that it was not available or, through due diligence, could not have been made available. The decision by MRCC is final and no further appeals will be heard by the MRCC. The firm may appeal the decision of the MRCC to the Office of the Secretary of Transportation, U.S. Department of Transportation, Office of Civil Rights, 0000 Xxx Xxxxxx Xxxxxx, X.X., X-00, Xxxxxxxxxx XX, 00000 within 90 days after receipt of the original denial letter.