1680-08-01-.06
Decertification
Cite as Tenn. Comp. R. & Regs. 1680-08-01-.06
CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES
CHAPTER 1680-8-1
AND WOMEN BUSINESS ENTERPRISES
(1)
The Tennessee Department of Transportation may remove the DBE Certification of any contractor at
any time when it is found that the contractor does not qualify as a DBE.
(2)
Written notice shall be sent from the Contract Compliance Office explaining why the contractor no
longer meets the requirements of a DBE. The contractor shall have fifteen days (15) to respond to the
deficiencies. If the contractor does not respond or if the contractor’s explanation is not sufficient, then
the contractor shall be advised by certified mail, return receipt requested, of the preliminary finding
of ineligibility for retention of certification. Reasons shall be given for the preliminary finding.
(3)
The contractor shall then have fifteen days (15) after receipt of notice to request in writing an appeal
to the Tennessee Department of Transportation DBE Review Committee which may reverse or
uphold the Contract Compliance Office preliminary finding in its final decision.
(4)
Should the contractor not appeal within the fifteen day (15) period, then the preliminary finding of
the Contract Compliance Office shall become the final decision of the Review Committee.
(5)
Final decisions of the Tennessee Department of Transportation D13E Review Committee may be
appealed to the U.S. Department of Transportation, Office of the Secretary.