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1999-220
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1999-220
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Last modified
10/31/2023 3:16:48 PM
Creation date
10/31/2023 3:16:05 PM
Metadata
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
08/24/1999
Control Number
1999-220
Subject
Disadvantaged Business Enterprise Plan for
Procurement of Transit Project Goods and Service
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D <br />• <br />2) The firm will be given an opportunity to respond in person and in writing. A meeting or hearing <br />may be part of this process. <br />While these procedures are not a regulatory requirement, they are recommended by DOT to ensure <br />the process is fair and to prevent unnecessary procedural litigation. <br />When Indian River County denies certification or completes a decertification, it shall advise the firm <br />that an appeal may be filed within 180 days of the decision with the office named below. An appeal <br />must be in writing, dated and signed, and should be made after all appeal procedures of Indian River <br />County have been exhausted. <br />Department Office of Civil Rights <br />Department of Transportation <br />400 7th Street, Southwest <br />Washington, D.C. 20590 <br />FTA may disseminate to all recipients copies of the certification decisions rendered by the <br />Departmental Office of Civil Rights (DOCR). Often, the same fine applies for certification or is <br />certified by more than one recipient. The decisions are in response to appeals of certification denials <br />or so-called "third -party complaints" brought under 49 CFR 23.55. <br />The DOCR decisions apply only to the actions that were contested and do not bind other recipients <br />to make the same judgements concerning a firm's eligibility. Other recipients, who have granted <br />certification to a firm that is adversely affected by a DOCR decision, are advised to reexamine their <br />records to determine if the decision raises a certification issue. Each recipient must make its own <br />decision based on the record, since firms sometimes reorganize or otherwise restructure their <br />ownership and control. At any time that Indian River County considers decertifying a firm, the <br />"Decertification Procedures" outlined in this plan shall be followed. If the County denies a firm's <br />application or decertifies it, the firm may not reapply until twelve (12) months have passed from the <br />County's action. <br />I tnified Certification Program <br />The State of Florida participates in a Unified Certification Program and has no consortium. <br />Certification Appeals <br />Any firm or complainant may appeal the County's decision in a certification matter to DOT. Such <br />appeals may be sent to: <br />Department of Transportation <br />Office of Civil Rights <br />Certification Appeals Branch <br />4007 1h St., SW, Room 2104 <br />Washington, DC 20590 <br />-9- <br />
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